MAITHREYI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The case of the petitioners is that they are the owners of a property measuring 1316.25 sq.ft. bearing No.575, carved out of Sy.No.19/4 of Channasandra Village, Bangalore South Taluk. That respondent No.3 passed the impugned order dtd. 22/4/2022 (vide Annexure-N to the writ petition), wherein, encroachment over Government land has been ordered to be removed. The same was challenged by petitioner No.1 in RA(A)301/2022 and by petitioner No.2 in RA(A)306/2022 before respondent No.2 and the said appeals have been dismissed (vide Annexures-Q and Q1 to the writ petition). Pursuant to the said orders, notices have been issued by respondent No.3 to the petitioners herein, both dtd. 18/5/2023 (vide Annexures-S and S1 to the writ petition). Aggrieved by the above orders and notices, the petitioners approached respondent No.1 and their request has been rejected by way of an endorsement dtd. 22/5/2023 (vide Annexure-T to the writ petition). Aggrieved by the same, the present writ petition is filed.

(2.) The learned AGA for the respondents upon instructions submits that there were orders passed by this Court in W.P.No.14254/2018, wherein, the respondent - State has been directed to survey the property situated in Sy.Nos.1/3 and 1/5 of Channasandra Village and remove encroachments on Government land. It is submitted in pursuance of the same, along with the said lands, notices have been issued to the petitioners also and after hearing them, the impugned orders and notices are issued.

(3.) The petitioners contend that notices have been issued only in respect of encroachment in Sy.Nos.1/3 and 1/5 of Channasandra Village and no notice was issued in respect of Sy.No.19/4 and no survey was also conducted in their presence in respect of their property and if notice were to have been issued in respect of their property, they would have produced necessary documents and would have shown that they have not encroached upon any Government land.