L SHANTHAKUMARI IAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners in these Writ Petitions are occupying high posts in the State of Karnataka. The prayer in these Writ Petitions is for a mandamus directing respondents 1 to 4 to forthwith demolish all the unauthorised constructions made by Respondent No. 5 in and outside the premises at No. 58, 21st Main, 5th A cross, B. T. M. Layout II stage, Bangalore - 76 and to prevent respondent No. 5 from running the school or using the said premises for any other purpose except for residential purpose.

(2.) THE respondent No. 5 has filed statement of objections stating that under zonal regulations, it is permissible to use a residential premises for the purpose of running a school. It is further stated that all the petitioners have encroached the area reserved for park and the Government land and unauthorized construction and therefore, they have no moral right to come to this Court alleging that respondent No. 5 has no right to use the residential premises for the purpose of running the school.

(3.) IN order to ascertain the truth or otherwise regarding encroachment made by the petitioners, I passed an order on 9. 12. 2003 appointing the Commissioner of BDA as a Commissioner to inspect the land and find out whether there is any encroachment of the Government land and the area reserved for the park by the petitioners and respondent No. 5 with reference to the approved plan with the assistance of a qualified Engineer and submit the report. Pursuant to the said direction, the Commissioner has submitted the report.