SHAMBULINGAYYA Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) PETITIONER has constructed a shopping complex at Munnolli Village in Aland Taluk of Gulbarga District. According to the petitioner, there exists a 12 feet road abutting his shopping complex. Gram Panchayat has constructed a compound wall to the other side of the road. Panchayat issued a tender notification for construction of shopping complex in the area belonging to it

(2.) IT is the apprehension of the petitioner that the Gram Panchayat is likely to demolish the compound wall with an intention to encroach upon the existing 12 feet road abutting the shopping complex of the petitioner. It is also the apprehension of the petitioner that the Gram Panchayat deliberately intends to open doors and shutters towards the existing shopping complex of the petitioner in order to cause hindrance and nuisance to the business of the petitioner, Hence, alleging that the anticipated action of the Gram Panchayat if permitted would infringe the right of the petitioner, the present writ petition is filed. Petitioner is seeking a writ of mandamus against the respondents to consider the representation submitted by him on 25.11.2013 vide Annexure -F and also to restrain the Panchayat from demolishing the existing compound wall.

(3.) WRIT petition cannot be a remedy for obtaining such a restraint order virtually in the nature of injunction because the matter requires examination of disputed facts with regard to the existence of public road and the attempt, if any, of the Gram Panchayat to encroach such a public road by demolishing the compound wall. Hence, reserving liberty to the petitioner to avail the alternative remedy, this writ petition is dismissed.