M.NARAYANA SWAMY Vs. THE COMMISSIONER

JUDGEMENT

(1.) The appellant herein, who was petitioner before the learned Single Judge, had sought for the following relief in W.P.No.23063/2017:-

(2.) The learned Single Judge, however, declined to grant any relief and dismissed the writ petition by the order dated 25.10.2017, observing that the remedy was to be availed by way of a civil suit and not by way of a writ petition under Article 226 of the Constitution of India. Aggrieved by the said order of the learned Single Judge, the present appeal has been filed.

(3.) The relevant facts being that the appellant (petitioner in the writ petition) and respondents No.2 to 4 were co-owners of certain survey numbers situated at Kaikondrahalli Village, Varthur Hobli, Bangalore East Taluk. Dispute amongst themselves resolved itself in a compromise whereby properties were amicably shared. Sy.No.3/4 situated in the above-mentioned Village fell to the share of the appellant. It was contended that access to the appellant was only through the extent of 13 guntas of 'B' Kharab (unarable land reserved for public use) land in Sy.No.2 of the above-mentioned Village, which was a part of Sy.No.2 that had fallen to the share of respondent Nos.2 to 4. It was alleged that respondent Nos.2 to 4 had started construction in the area of 13 guntas of 'B' Kharab land which was in violation of the stipulation in the order of conversion according to which, 'B' Kharab land was to be kept vacant. It was also alleged that despite the respondent No.1-Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as 'BBMP') having admitted that the construction of respondents No.2 to 4 was without sanction, no further action was forthcoming to demolish the illegal construction. However, the petition came to be dismissed relegating the petitioner to the Civil Court.