C.S. RAJESH Vs. UNION OF INDIA

JUDGEMENT

(1.) THOUGH these matters are listed for Further Orders, by consent of the learned Counsel for the parties, they are taken up for final hearing, heard and disposed of by this order.

(2.) THE petitioners contend that they along with their father are the absolute owners in possession and enjoyment of the agricultural lands bearing Sy. Nos. 52, 54, 56/1, 56/2, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 & 68 of Pattasomanahalli Village, Pandavapura Taluk, Mandya District having purchased the same under a registered sale deed dated 29.3.1990 from Sri. R.N. Rao and his family members. The petitioners are also owners in possession and enjoyment of the land bearing Sy. No. 55 and certain other lands. They are residing in a portion of the above said lands. They have created a Charitable Trust called 'Shri Shivashaila Educational and Charitable Trust (R)' in a portion of the said lands. The Trust is maintaining four temples, a Sanskrit School, an auditorium and student quarters on a portion of the said lands. Rest of the lands are cultivated by the petitioners.

(3.) IT is the case of the petitioners that on 25.5.2004, the respondents closed and locked the Railway Gates at the above level crossing without notice whatsoever. It appears that this was done on the basis of the Joint Circular bearing No. B/T/157/XVI/3 Vol. VII dated 19.5.2004 issued by respondent Nos. 4 to 6. Therefore, the petitioners filed a writ petition before this Court in W.P. No. 25628/2004 challenging the aforesaid circular.