RASIKA H.RAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The dispute in the instant writ petition pertains to reserving 0.17 acre of land in Sy.No.375/A1 of Attavara Village, Mangaluru Taluk in favour of respondent No.6.

(2.) The said 0.17 acre of land formed part of a public road which has been reserved in favour of respondent No.6 in the manner known to law. Annexures-A and A1 to the writ petition are internal communications between Government authorities in this regard and Annexure-A2 to the writ petition is the order which reserves the said land in favour of respondent No.6.

(3.) The petitioners on the ground that they have an easementary right to access their land through the land which has been reserved in favour of respondent No.6 filed W.P.No.18372/2021. The said writ petition was disposed of by observing that whether the petitioners are having any easementary right over the property or not involves a disputed question of fact and the same cannot be decided by this Court in exercise of its powers under Article 226 of the Constitution of India and reserving the liberty to the petitioners to approach the Civil Court to establish their right if any. The petitioners in the said writ petition had filed an application for amendment seeking to challenge the internal communication between the Government officers which is presently produced herein as Annexure-A to the writ petition. However, as the main writ petition itself was disposed of, it was considered not necessary to give any ruling on the amendment sought by the petitioners. Aggrieved by the same, the petitioners preferred W.A.No.411/2022, wherein, this Court upheld the order passed in the writ petition but gave the liberty to the petitioners to challenge the communication (Annexure- A to the present writ petition) if they so desire. Hence, the petitioners have preferred the present writ petition challenging Annexure-A as well as Annexures-A1 and A2 to the writ petition.