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High Court of Karnataka · body

2025 DAILYLAW 24995 (KAR)

SRI RAMU NERALAGATTA, v. STATE OF KARNATAKA

WP/13634/2024 · 2025-01-07

M I Arun

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:255-DB WP No. 13634 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 13634 OF 2024 (KLR-RES-PIL) BETWEEN: 1. SRI RAMU NERALAGATTA S/O HANUMANTHARAYAPPA AGED ABOUT 38 YEARS CONVINER KARNATAKA DALITHA SANGARSHA SAMITHI (R) OFFICE AT WARD NO.26 ROJIPURA NEAR CARMEL JYOTHI SCHOOL DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT-561 203. 2. SRI KANTHARAJU H. S/O HANUMANTHAIAH AGED ABOUT 52 YEARS STATE PRESIDENT NATIONAL CONSUMER RIGHTS AND ANTI CRIME BUREAU OFFICER AT NO.27 4th MAIN, L.D. BLOCK GANGANAGARA BANGALORE-560 032. …PETITIONERS Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:255-DB WP No. 13634 of 2024 (BY SRI SHIVANANDA S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING, AMBEDKAR VEEDHI BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT ADMINISTRATIVE OFFICE BEERASANDRA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA TOWN DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561 203. 4. THE THASILDHAR TALUK ADMINISTRATIVE OFFICE DODDABALLAPURA TOWN DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561 203. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) - 3 - NC: 2025:KHC:255-DB WP No. 13634 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONERS TO THE RESPONDENTS No.2 TO 4 VIDE ANNEXURES-E, E-1 TO E-5 DATED 26.02.2024, 28.02.2024 AND 29.02.2024 AND PASS APPROPRIATE ORDERS, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. S. Shivananada for the petitioners and learned Additional Government Advocate Smt. Niloufer Akbar for the respondents who appears upon service of notice by this Court. - 4 - NC: 2025:KHC:255-DB WP No. 13634 of 2024 2. The present is a petition styled as public interest litigation filed by two petitioners who claim to be public spirited persons. 3. The grievance of the petitioners is in respect of certain alleged unauthorised encroachment on the gomala land by unknown persons. It is stated that Sy.No.57 admeasuring 6 Acres and 12 Guntas situated at Majara Hosahalli, Kasaba Hobli, Doddaballapura Taluk is a Government land. The petitioners have produced the extract of RTC seeking to substantiate the order. It is stated that certain unknown persons have trespassed the said property, have put up the compound wall and they have also cut the standing trees. It is stated that the representations dated 26.02.2024, 28.02.2024 and 29.02.2024 are already made to respondent Nos.2 and 4 by the petitioners, however, they are not attended to. 4. With such basic premise of facts, the petitioners have prayed to direct the respondents to decide the said representations and pass appropriate orders. 5. In view of the said prayer which is the only prayer made in the petition and in the totality of facts and circumstances, the only relief which could be granted in the petition is to require the - 5 - NC: 2025:KHC:255-DB WP No. 13634 of 2024 competent authority of the respondents to look into the representations of the petitioners pending with them and decide the same in accordance with law and on merits. The decision shall be taken within twelve weeks from today and same shall be communicated to the petitioners. 6. It is clarified that this Court has not gone into the merits of the case of either side. 7. The petition is not entertained and is accordingly disposed of, subject to the above limited observation. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 29