S. D. SHIVARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In W.P.No.19642/2021 the petitioner therein alleged certain encroachments on public property in Mathikere and Shettyhalli Villages in Maluru Hobli, Channapatna Taluk and prayed for removal of the same. This Court has ordered that in the event of any encroachments being found that the same be removed.

(2.) Pursuant to the said order, notices have been issued by the 4th respondent to the petitioners herein that it is found they have encroached upon portion of the public road, and they have been called upon to remove the said encroachment, failing which, action would be initiated against them under the provisions of Sec. 192A and 104 of Karnataka Land Revenue Act, 1964 (for short 'the Act'). Aggrieved by the same the petitioners have preferred the instant writ petition.

(3.) The case of the petitioners is that the notice issued is without jurisdiction and without inquiry and for that reason it is prayed that the impugned notices be set aside. However, strangely, the petitioners refused to contend that they have not encroached upon any public road.