BYRAPPA Vs. B W S S B

JUDGEMENT

(1.) In this Petition under Article 226 of the Constitution, the petitioner has sought for a Writ in the nature of mandamus directing the respondents to remove or cause the removal of the tap fixed at the place denoted in Annexure-A at their costs forthwith.

(2.) The case of the petitioner is that the properties bearing Nos. 13 and 14 situated in First-Cross, Sampigehalli Extension, normally known as Karagappa Garden, Mission Road, Bangalore, belong to him and he is the absolute owner of the same; that the respondents without his permission have put up the water tap at point-A marked in the sketch produced as Annexure-A; that unless the area covered by the tap is acquired or consented to by the petitioner, the respondents are not in law entitled to put up the water tap.

(3.) The respondents have entered appearance and filed the statement of objections. It is the specific case of the respondents that the area where the tap is fixed is a slum area and there are several huts and other structures wherein number of people are residing; that during the month of January, 1983, these dwellers sent a representation to the respondents, who visited the spot along with the Corporation authorities, to the effect that they are not having any water connection, therefore, a public tap may be fixed in the said area. The Corporation came forward to finance the installation of the tap and requested the Board authorities to send an estimate. Accordingly, an estimate was sent by the Board which was approved by the Corporation and thereafter, the Board has installed the tap in question.