MALAVVA Vs. MALLANGOUDA BIRADAR

JUDGEMENT

(1.) This matter is listed for orders. The counsel appearing for the complainants brought to notice of this Court the order dtd. 4/10/2024 passed by the learned Single Judge as interim measure and while granting interim order, pending disposal of the writ petition, directing respondent no.5 not to demolish the respective houses of the petitioners situated at Indira Nagar, Slum Area, Muddebihal Taluk, Vijayapur District and also pending issue of rule nisi.

(2.) The counsel appearing for the complainants brought to notice of this Court that, in spite of said order, demolished the existing structures which is in violation of the order and same is reported in the paper on 19/10/2024 and also paper cutting at Annexure-C is produced and hence prayed this Court to take action against respondents by initiating the contempt proceedings.

(3.) The counsel appearing for respondents brought to notice of this Court that detail statement of objections is filed contending that Town Municipal Council, Muddebihal is the owner of the land bearing Sy.No.57 of Muddebihal Taluk which is totally measuring 14 acres 14 guntas and property is a gouthan land. It is also contend that only an extent of 05 acres 16 guntas on western side is not at all disturbed by the accused and the remaining portion of land to an extent of 08 acres 38 guntas belonging to Town Municipal Council which has been subject to several encroachment based on the contention that the allotments made by the Karnataka Slum Board.