LAWS(KAR)-2023-8-1447

H. V. SRINIVAS Vs. STATE OF KARNATAKA

Decided On August 22, 2023
H. V. Srinivas Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Considering the petition and the prayers in the petition, we deem it appropriate to issue notice to respondents 1 to 3.

(2.) Learned counsel for petitioners submit that the petitioners are the residents of Hyadalu Village, Kasaba Hobli, Bangalore Rural District and most of them are milk producers/vendors. As the petitioners found that there is certain encroachment at the hands of respondents 4 and 5 on the public street, they immediately approached the authority of the State namely Tahsildar, Nelamangala Taluk by submitting representation.

(3.) Our attention is invited to copy of the representation at Annexure-C at page No.42 and typed copy at page No.44 whereas translation is provided at page No.47. Perusal of the representation shows that petitioner No.1 H.V.Srinivas is one of the signatory to the representation. It seems that further representation is also submitted to the Deputy Commissioner, Kundana Hobli, Bangalore Rural District, Bangalore. Copy of the same is at Annexure-E at page No.55, translation is at page No.61. It seems that the representation is undated as the copy placed on record only refers to the year 2021. On receipt of representation the office of the Tahsildar immediately swung in action and notice was issued on 10/3/2022 taking recourse to the provisions of the Karnataka Land Revenue Act, 1964 particularly under Sec. 104/192A of the Act. Notice also refers to earlier writ petition namely W.P.No.3969/2007 and certain directions issued while disposing of the said writ petition. By issuing the notice i.e., respondents 4 and 5 in this petition were called upon to submit their explanation and/or to remain present before the authority in person on 17/3/2022 at 3 hours.