SRI RAJAGOPALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners claim to be owners of land comprised in Block No.46 of Sy No.11 of Lakshmipura Village, Yeshwanthpura Hobli, Bangalore North Taluk. The said land to an extent of 1 acre was granted in favour of one Poojappa S/o Chikka Hucchappa and 33 guntas in favour of one Chikka Hanumanthaiah S/o Muddaiah. The said persons name was entered in the revenue records. After the demise of Poojappa, his son, Maddurappa become the owner of the property. He sold 2 acres of land in favour of one Hucche Gowda S/o N.Byre Gowda, under the registered Sale Deed dated 09.01.1992. His name was entered as khathedhar as per M.R.No.6/1994-95.

(2.) Petitioners claim to have purchased the sites formed in the said portion of Sy.No.11 Block No.46 from Hucche Gowda. It is asserted by petitioners that they have been residing in the said property for more than a decade availing electricity connection, water connection and other basic amenities. According to petitioners, on 22.10.2016, respondents 3 and 4 came along with police to demolish a portion of the temple existing in adjoining Block No.44 of Sy.No.11 and also demolished a portion of the house belonging to petitioners. It is WP.56134/2016 & WPs.58059-077/2016 in this background, petitioners, apprehending their dispossession and demolition of premises constructed by them, have approached this Court seeking a direction against the respondents not to demolish or not to put up any structure in the place where petitioners' residential house is in existence.

(3.) Learned counsel for petitioners reiterating the petition averments submits that right to life and livelihood of the petitioners is being taken away without due process of law by resorting to illegal demolition of structures put up by the petitioners wherein they have been residing for years. Several documents have been produced to show that petitioners have got interest in the property which is the subject matter of the writ petitions.