SRI BHIMARAO Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) By way of this petition, filed as a public interest litigation ['PIL'] in the year 2016, the petitioners seek to allege that the allotment of a site to the respondent No.5 is in violation of law and particularly, it is sought to be suggested that the site in question had been a civic amenity site reserved for park.

(2.) Perusal of the record makes out that the allotment in question was made way back in the year 1998. It is also noticed that a civil suit bearing O.S.No.104/2014 has been filed in the Court of Civil Judge and JMFC, Muddebihal, seeking declaration that the respondent No.5 is not the owner of the suit property and for the relief of perpetual injunction. The application for temporary injunction as filed in the said suit was dismissed. The said suit has been filed by another resident of the same area against the present respondent No.5.

(3.) Without any other comment in the matter, suffice it to say for the present purpose that the issue as sought to be raised involves several questions of fact; and then, the matter relating to ownership of the property in question is pending consideration before the Civil Court in the suit aforesaid.