Case Note & Summary
The petitioners, Sri K.P. Praveen and Sri Shivanna, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing respondents 2 to 4 (Deputy Commissioner, Superintendent of Police, and Tahasildar) to consider their representations dated 03.02.2020, 20.02.2020, and 18.05.2020. The petitioners claimed that the wife of petitioner no.1 owned land bearing Sy. Nos.21/1 and 22/2, and petitioner no.2 owned land bearing Sy. No.21/4 of Bachahalli village, Maralawadi Hobli, Kanakapura Taluk. They used a government channel road running between Sy. Nos.31, 23, 22, 20, 21, 32, and 33 for ingress and egress. However, one Shivaraja and Mahadevappa, children of Maramma, were blocking the way by encroaching upon Sy. No.31/2. The petitioners submitted representations to the respondents to remove the obstruction, but these were not considered. The court noted that Smt. Maramma had filed O.S.No.94/2020 before the Civil Judge, Kanakapura, regarding the same subject matter. The court disposed of the petition with a direction to the respondents to consider the representations and pass appropriate orders in accordance with law within four weeks from the date of receipt of a copy of the order, after providing an opportunity of hearing to the petitioners and other interested parties.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representations - Petitioners sought direction to respondents to consider representations regarding obstruction of government channel road - Court held that respondents must consider representations and pass appropriate orders in accordance with law - Held that writ of mandamus is maintainable for consideration of pending representations (Paras 1-5).
Issue of Consideration
Whether the respondents are obligated to consider the petitioners' representations regarding obstruction of a government channel road used for ingress and egress to their lands.
Final Decision
The writ petition is disposed of with a direction to respondents 2 to 4 to consider the representations dated 03.02.2020, 20.02.2020, and 18.05.2020 (Annexures-A to C) and pass appropriate orders in accordance with law within four weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioners and other interested parties.
Law Points
- Writ of mandamus
- Consideration of representations
- Right to ingress and egress
- Government channel road
- Encroachment
Case Details
2020 LawText (KAR) (07) 99
W.P.No.8684/2020 (GM-RES)
Sri Kumar J.C. for petitioners; Smt. Savithramma, HCGP for respondents
Sri K.P. Praveen and Sri Shivanna
State of Karnataka, Revenue Department; The Deputy Commissioner, Ramanagara District; The Superintendent of Police, Ramanagara District; The Tahasildar, Kanakapura Taluk
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Nature of Litigation
Writ petition seeking writ of mandamus to direct respondents to consider representations regarding obstruction of government channel road.
Remedy Sought
Petitioners sought direction to respondents 2 to 4 to consider their representations dated 03.02.2020, 20.02.2020, and 18.05.2020.
Filing Reason
Petitioners' representations regarding obstruction of government channel road by Shivaraja and Mahadevappa were not considered by respondents.
Previous Decisions
Smt. Maramma filed O.S.No.94/2020 before the Civil Judge, Kanakapura, against the petitioners.
Issues
Whether the respondents are obligated to consider the petitioners' representations regarding obstruction of a government channel road used for ingress and egress to their lands.
Submissions/Arguments
Petitioners' counsel submitted that the wife of petitioner no.1 and petitioner no.2 are owners of certain lands and use a government channel road for ingress and egress, which is being blocked by Shivaraja and Mahadevappa by encroaching upon Sy. No.31/2. Representations were submitted but not considered.
Ratio Decidendi
The court held that the respondents must consider the petitioners' representations and pass appropriate orders in accordance with law, without expressing any opinion on the merits of the case.
Judgment Excerpts
Petitioners have approached this Court seeking writ of mandamus to direct respondents 2 to 4 to consider the representations dated 03.02.2020, 20.02.2020 & 18.05.2020 at Annexures-A to C, respectively.
Learned Counsel for the petitioners submits that the wife of petitioner no.1 is the owner of land bearing Sy. Nos.21/1 & 22/2 and petitioner no.2 is the owner of land bearing Sy. No.21/4 of Bachahalli village...
Smt. Maramma has filed O.S.No.94/2020 before the Court of Civil Judge, Kanakapura, as against the petitioners.
Procedural History
Petitioners filed writ petition under Articles 226 and 227 of the Constitution of India. The petition came up for preliminary hearing. Learned HCGP took notice for respondents. Court disposed of the petition with directions.
Acts & Sections
- Constitution of India: Articles 226, 227
