C.PILLEGOWDA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The case of the petitioners is that they are owners of certain properties in Sy.No.8 of Adinarayana Hosahalli Village, Kasaba Hobli, Doddaballapur Taluk and that they have not encroached upon any public property. However, respondent No.3 has issued a notice dtd. 17/10/2022 bearing No.J ïJ ïr(PÀ). Dgï/271/22-23 vide Annexure-A to the writ petition, wherein, they have been asked to vacate the encroached area in Sy.No.8 failing which, action will be initiated under Sec. 192-A of the Karnataka Land Revenue Act, 1964. Aggrieved by the same, the present writ petition is filed.

(2.) The learned HCGP for the respondents upon instructions submits that the petitioners have indeed encroached the public property as alleged in the notice. However, she fairly submits that if the petitioners were to produce documents/proof to show that they have not encroached upon any public property, action would not be initiated against them. Her submission is placed on record.

(3.) Under the circumstances, interest of justice would be served, if the petitioners are permitted to appear before respondent No.3 and explain their case to him and respondent No.3 be directed to initiate appropriate action if required in accordance with law after hearing the petitioners. Hence, the following: