SHREE ADI MASTYAMBIKA TEMPLE REPRESENTED BY ITS DHARMADASHEE SHRI A JAYAVELU SWAMIJI Vs. PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ

JUDGEMENT

(1.) The petitioner Shri.Adi Mastyambika Temple, represented by its Dharmadarshee - Shri.A.Jayavelu Swamiji, Varamballi Village, Udupi Taluk and District has filed this petition in this Court on 25.07.2017 aggrieved by the action taken by the respondent Panchayat Development Officer of Varamballi Gram Panchayat to direct the petitioner-Trust to remove the encroachment by way of construction of Temple in excess of 900 square feet permitted as per the license permission given to the licencee - Shri.Thimma Poojari, who is said to have given his consent to the petitioner-Trust under an Agreement Annexure-A dated 30.01.2009 for construction of the said Temple.

(2.) Upon the complaint filed by one Shri.Prasad Bhandari, son of Nilappa Bangera, the Upa-Lokayukta of Karnataka State, Bengaluru, Justice Subhash B Adi, the former Judge of this Court holding an enquiry under Section 12(1) of the Karnataka Lokayukta Act, 1984 and after giving an opportunity of hearing to the petitioner- Trust also, it was found that the petitioner-Trust had encroached the Government land of Sy.No.199 even though the allotment in favour of Thimma Poojari was in Sy.No.197/44 and the encroachment was made in Sy.No.199 which was adjacent to the Sy.No.197/44 of its southern side of Varamballi Village.

(3.) The relevant finding of the Upa Lokayukta, Karnataka State vide Annexure-E dated 23.01.2017 is quoted below for ready reference: