1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5 TH DAY OF NOVEMBER 2013 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITION No.61664/2010 (LB-RES) AND WRIT PETITION Nos.62171-173/2010 BETWEEN: 1. FAKKIRAPPA KUSHAPPA SOMANKOPPA, AGE: 34 YEARS, 2. MAHADEVAPPA KAREPPA DODDAMANI, AGE: 44 YEARS, 3. HANIFSAB MAHAMMADSAB SHEIKHSANADI, AGE: 42 YEARS, 4. SAMBHAJI NAGAPPA SOMANAKOPPA, AGE: 38 YEARS, ALL ARE AGRICULTURISTS, R/O CHAVARGUDDA, TQ.HUBLI, DIST: DHARWAD. … PETITIONERS (BY SRI.S.G.KADADAKATTI, ADV.) AND: 1. THE PRESIDENT, GRAM PANCHAYAT, ANCHATAGERI, HUBLI TALUK, DHARWAD DIST. 2. THE SECRETARY, ANCHATAGERI GRAM PANCHAYAT, HUBLI, TQ. AND DIST: DHARWAD. 2 3. EXECUTIVE OFFICER, HUBLI TALUK PANCHAYAT, DHARWAD DISTRICT. 4. FAKKIRAPPA RAMAPPA SOMANAKOPPA, AGE: 40 YEARS, 5. MAHADEVAPPA RAMAPPA SOMANAKOPPA, AGE: 38 YEARS, 6. SHIVAJI RAMAPPA SOMANAKOPPA, AGE: 36 YEARS, 7. NAGARAJ RAMAPPA SOMANAKOPPA, AGE: 34 YEARS, 8. BASAVARAJ RAMAPPA SOMANAKOPPA, AGE: 31 YEARS, 9. TULASAMMA W/O RAMAPPA SOMANAKOPPA, AGE: 62 YEARS, ALL ARE AGRICULTURISTS, R/O CHAVARGUDDA, TQ.HUBLI, DIST: DHARWAD. … RESPONDENTS (BY SRI.G.R.ANDANIMATH, ADV. FOR R4-R9, R1, R2 AND R3 SERVED) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS AGAINST THE RESPONDENTS 1 TO 3 DIRECTING THEM TO TAKE NECESSARY ACTION AGAINST RESPONDENTS 4 TO 9 FOR PREVENTING THE ILLEGAL CONSTRUCTION TAKEN UP BY THEM IN THE PROPERTY SITUATED IN SY.NO.75 OF CHAVARAGUDDA VILLAGE, ANCHATAGERI GRAM PANCHAYAT, HUBLI TALUK, DHARWAD DISTRICT, AND FURTHER TO TAKE ACTION AS REQUESTED BY THE VILLAGERS VIDE ANNEXURE-E AND G AND ETC. 3 THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Petitioners states that they are the residents of Chavaragudda vilage of Hubli Taluk, Dharwad District. They made representation to the Tahasildar and Taluk Panchayat, alleging that respondent Nos.4 to 9 have encroached the public property by putting fence. The property in Sy.No.75 measuring 14 acres 34 guntas of Hubli Taluk, Dharwad District is shown as ‘sarakari pada’. In column No.12(2) of Annexure-A, it is referred as ‘sarakari pada’ for the year 2009-10. As such, the property belongs to the public, for which Tahasildar and the Taluk Panchayat are the appropriate authorities to use it. 2. Respondent Nos.4 to 9 claims that they are the owners in possession of 60 x 80 feet in the said survey number. The father of respondent Nos.4 to 8 and husband of respondent No.9 filed suit in O.S.No.555/1999 against respondent Nos.1 and 2 seeking injunction. The said suit was decreed and liberty was reserved to respondent Nos.1 and 2 to take steps for dispossession in accordance with law. Till today, respondents have not taken 4 any steps to dispossess these petitioners. The representation made to Tahasildar on 30.10.2009, which bears acknowledgement, and another representation made to the President and Secretary of the Gram Panchayat, Anchatageri have not been disposed of. 3. The learned counsel for respondent Nos.4 to 9 submits that they are entitled to be in possession, since the suit filed by them was decreed in their favour. 4. The suit filed by respondent Nos.4 to 9 has been decreed recognizing the fact that respondent Nos.4 to 9 are in possession of the property. However, liberty was reserved to respondent Nos.1 and 2 to take steps in accordance with law. When it is the case of the petitioners that the property in question was public in nature, then it is the duty on the part of respondent Nos.1 and 2 to take possession, since the property in question belongs to the public. Non taking of steps by respondent Nos.1 and 2 is amounts to dereliction of duty. A duty is cast upon them to dispose of the representation, that too, where request was made to take possession of the government land. 5 5. Under these circumstances, petitions stand disposed of directing respondent Nos.1 and 2 to take effective steps and dispose of the representation made by the petitioners. If it is found that the property in question belongs to the government and Taluk Panchayat, appropriate steps be taken for taking possession. With these observations, petitions stand disposed of. Time for compliance is six months. SD/- JUDGE MBS/-.