C. HONNE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The contention of the petitioner is that he is the owner of the property bearing No.114/69 and 115/70 totally measuring 85 x 136 feet situated at Mathigere village, Channapatna Taluk, Ramanagara District. The layout having formed in the year 1947, the petitioner, after purchase, constructed the residential house in the year 1968. Though there was a road in existence, respondent No.4 has been awarded contract to white top the said road and the road now being dug up in February, 2023. Since, the white topping has not happened, the same is causing inconvenience to the petitioner. As such, the aforesaid relief is sought for.

(3.) An impleading application in I.A.No.1/2023 has been filed by the third party claiming that there is an encroachment of the said road by the petitioner and therefore, he seeks to come on record. A further submission is made that on the very road, there are more than six other properties, which encroached the road and as such, the road cannot be formed until the encroachment is removed. This submission on the part of the impleading applicant is one which is to be considered by respondent No.3 while issuing necessary instructions to respondent No.4 to form the road.