PARVATHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the petitioners is that they are the owners of 31 guntas of land in Sy.No.84/3 of Yamare Village, Sarjapura Hobli, Anekal Taluk and they have not encroached upon any Raja Kaluve or public property. However, respondent No.2 illegally without due process of law has demolished a portion of their property. Hence, the instant writ petition is filed with a direction to stop further activities by respondent No.2 on the property of the petitioners and to compensate the petitioners for illegal demolition.

(2.) The learned HCGP appearing for the respondents upon instructions submits that only the encroachment is sought to be removed and she justifies the action of respondent No.2.

(3.) Under the circumstances, the interest of justice would be served if petitioners are given an opportunity of hearing and thereafter, respondent No.2 is permitted to initiate appropriate action in accordance with law.