IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 19 TH DAY OF SEPTEMBER 2014

PRESENT

THE HON’BLE MR.D.H.WAGHELA, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE ASHOK B.HINCHIGERI

WRIT PETITION No.41265 OF 2010 (LB-RES-PIL)

Between:

1. T.Nagaraj, S/o.Late Devappaiah, Aged about 60 years, Road, , District.

2. S.Krishna, S/o.Late Shamanna, Aged about 62 years, Kuvempu Road, Thirthahalli, .

3. Rajamanikyam, S/o.Late Shamanna, Aged about 65 years, Kuvempu Road, Thirthahalli, Shimoga District.

4. Gopala, S/o.Late Shamanna, Aged about 47 years, Kuvempu Road, Thirthahalli, Shimoga District.

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5. Dr.K.Srinivasamurthy, S/o.Late Dr.K.Anand Rao, Aged about 68 years, Kuvempu Road, Thirthahalli, Shimoga District.

6. T.G.Kishor, S/o.Late J.D.Ganesh, Aged about 45 years, Kuvempu Road, Thirthahalli, Shimoga District.

8. Smt.Manjula, W/o.Late K.S.Ramesha, Aged about 45 years, Kuvempu Road, Thirthahalli, Shimoga District. ... Petitioners

(By Sri Chandrashekhar and Sri M.Nagesh, Advocates for M/s.Chandru & S.Shekar Associates (absent))

And:

1. State of Karnataka, Represented by its Prl.Secretary, Department of Revenue, Vikasasoudha, Bangalore.

2. The Deputy Commissioner, Shimoga District, Shimoga.

3. Asst. Commissioner, Shimoga Sub Division, Shimoga.

4. The Tahasildar, Thirthahalli Taluk, Shimoga District.

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5. Asst. Executive Engineer, Panchayathraj Engineering Sub Division, Thirthahalli, Shimoga District.

6. The Chief Officer, Thirthahalli Town Municipal Council, Thirthahalli, Shimoga District.

7. Smt.Pushpaveni, W/o.Lakshaminarayana M.M., Age: Major, R/o.Millkeri, Thirthahalli Town, Shimoga District.

8. Lakshaminarayana M.M. S/o.M.A.Mahabala, Age: Major, R/o.Millkeri, Thirthahalli Town, Shimoga District.

9. Nithyananda Pai, S/o. not known, Age: Major, R/o.Kuvempu Road, Thirthahalli Town, Shivamogga District. …Respondents

(By Smt.Shweta Krishnappa, HCGP for R1 to R4: Sri Brijesh Patil, Advocate for R5: Sri Ashwathanarayana Reddy, Advocate for R6: Sri K.Prakasha Hegde, Advocate for R7 to R9)

This writ petition is filed under Articles 226 and 227 of the Constitution of praying to direct the respondents 1 to 6 to take serious steps against the respondents 7 to 9 to evict from the encroached portion of the tank bed area in Sy.Nos.95 and 119/1 of Thirthahalli Town, etc.

This writ petition, coming on for preliminary hearing this day, Chief Justice made the following:

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ORDER

D.H.WAGHELA, C.J. (ORAL):

1. None present for the petitioners. Dismissed.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

cm/-