- 1 - NC: 2025:KHC:3062-DB WP No. 18694 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND 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. 18694 OF 2024 (GM-RES) PIL BETWEEN: 1. SRI K T VENKATARAMU S/O LATE PATEL THIMMEGOWDA AGED ABOUT 78 YEARS R/AT KAGGERE VILLAGE KAGGERE POST YEDIYURU HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 130 …PETITIONER (BY SRI. DHANANJAYA C P, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA DR AMBEDKAR VEEDHI BANGALORE REPRESENTED BY ITS CHIEF SECRETARY 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR - 572 101 3. THASILDAR KUNIGAL TALUK TUMKUR - 572130 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:3062-DB WP No. 18694 of 2024 4. THE EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION BEHIND R.T.O OFFICE VIDYANAGAR TUMKUR - 572 103 5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT TUMKUR - 572 103 6. PANCHAYAT DEVELOPMENT OFFICER KAGGERE GRAMA PANCHAYAT KAGGERE POST YEDIYURU HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 130 7. PANCHAYAT DEVELOPMENT OFFICER NADEMAVINAPURA GRAMA PANCHAYAT NADEMAVINAPURA POST YEDIYURU HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 130 …RESPONDENTS (SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESONDENT NOS.1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT/ ORDER/DIRECTION MORE PARTICULARLY ONE IN THE NATURE OF WRIT OF MANDAMUS DECLARING THE ACTION OF THE RESPONDENTS IN NOT CONDUCTING ENQUIRY FOR REMOVAL OF ENCROACHMENTS MALLASHETTI LAKE IN SURVEY No.60 OF KAGGERE VILLAGE AND IN SURVEY No.122 IN NADEMAVINAPURA VILLAGE OF KUNIGAL TALUK, TUMKUR DISTRICT, PURSUANT TO REPRESENTATION DATED 24.05.2023 AND 21.05.2024 AS ILLEGAL, ARBITRARY, WITHOUT JURISDICTION ABDICATION FROM DUTIES BESIDES VIOLATION OF ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:3062-DB WP No. 18694 of 2024 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. Dhananjaya C.P for the petitioner and learned Additional Government Advocate Smt.Niloufer Akbar for respondent Nos.1 to 3. 2. The present petition is filed in the nature of public interest petition. 3. The petitioner happens to be the resident of Kaggere Village where the lake by name Mallashetty lake is located. The lake area is 28 Acres and 48 Guntas. It is stated that out of the total area, some part of the lake is in Kaggere Village whereas, rest of the area falls under the Nademavinapura Village. Some part, it is stated, is acquired by the National Highway Authority. It is stated that the farmers of the surrounding villages have been growing crops like millet, rice and sugarcane using water from the lake. - 4 - NC: 2025:KHC:3062-DB WP No. 18694 of 2024 3.1 The grievance raised is that many private individuals have encroached the area of lake from all sides. It is stated that the encroachers acted with political influence. It is further stated that the courtyard is closed and the total area of lake in 28 Acres and 48 Guntas has been encroached by the private individuals. It is stated that the authorities have been giving tender for minor irrigation scheme at the lake. However, the actual measurement of the lake is not demarcated, nor the encroachment is removed. It is also stated that though the notice has been sent by the petitioners to the respondents on 21.05.2024, any action is not taken. 3.2 With the case pleaded as above, the petitioner has prayed to declare the action on part of the respondents in not conducting inquiry for removal of encroachments at the lake in survey No.60 of Kaggere Village and in survey No.122 in Nademavinapura Village to be arbitrary and amounting to abdication of duty. The second part of the prayer is to conduct survey of the Mallashetty lake from its different directions and accesses to remove the encroachments. It is thirdly prayed to direct authorities to take action against private encroachers. - 5 - NC: 2025:KHC:3062-DB WP No. 18694 of 2024 4. In response to this petition praying as above, learned Additional Government Advocate has filed memo dated 15.01.2025. As per the said memo figuring on record communication dated 10.01.2025 from the Executive Engineer, Minor Irrigation and GWD Division, Tumakuru is produced in which it is inter alia stated that the encroachment has been removed. Along with the said letter, the photographs are also produced which show that encroachment is cleared from the surrounding area of the lake. 4.1 The letter/communication dated 10.01.2025 reads as under, "There is about 16 acres 35 guntas of land in Sy.No.60 of kaggere village Yediyuru hobli of Kunigal taluk and 12 acres 13 Guntas of land in Sy.No.122 of Nademaavinapura village Yadiyuru hobli of Kunigal Taluku, The total area of tank is 29 acres 8 guntas and it is called as Mallashetty kere. Accordingly taluk land surveyor Kunigal and Assistant engineer minor Irrigation and Ground water development department Tumkur have jointly Identified the encroachment of the lake and constructed a Contour bund around the lake by clearing the encroachment of an area of 1 acre 20 gunta of Sy.no.60 made by the RTC holder of Sy.no.59, 57/2 and an area of 30 guntas of Sy.no.122 of Nademaavinapura made by RTC holder of Sy.no.123/2A. Hence the Mallashetty kere tank encroachment has been removed by constructed a contour bund." - 6 - NC: 2025:KHC:3062-DB WP No. 18694 of 2024 5. In view of the above, the present petition does not survive and it stands disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 78