SHARANAPPA Vs. DEPUTY COMMISSIONER & DISTRICT COMMISSIONER, KOPPAL

JUDGEMENT

(1.) The petitioners in these petitions are aggrieved by the impugned order passed by the Deputy Commissioner, at Annexure-W holding that the petitioners are unauthorized encroachers on the public road belonging to the 3rd respondent-Town Panchayat.

(2.) The learned counsel for the petitioners submits that, on an earlier occasion when these petitioners had approached this Court in W.P. No. 104459/2018 and connected matter which was disposed off on 22.02.2019, this Court had directed the petitioners to appear before the respondent-Deputy Commissioner on a particulate date and time along with necessary documents to establish their claim over the properties in question. Further, the Deputy Commissioner was also directed to hear the petitioners and pass orders within eight weeks thereafter. Consequently the petitioners have filed the documents before the Deputy Commissioner to establish their title over their respective properties and on assessment of the documents of title and other records and on hearing the parties, the Deputy Commissioner has passed the impugned order holding that the petitioners have encroached upon the property belonging to the Town Panchayat and consequently permitted the Town Panchayat to remove the encroachment and proceed with the road widening project taken up by the 3rd respondent-Town Panchayat.

(3.) The learned Addl. Government Advocate has taken notice for respondent Nos. 1 and 2. Learned counsel Sri. C.R. Hiremath has entered appears for respondent No. 3-Town panchayat.