High CourtsDivision Bench(2022) 08 KAR CK 0026

N G Malleshappa & Others vs State Of Karnataka Represented By Its Chief Secretary Revenue Department Vikasa Soudha Bengaluru - 560001 & Others

Karnataka High Court · Decided on 18 August 2022

HON’BLE JUDGES
Alok Aradhe, J · Anil B. Katti, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 6239 Of 2020 (GM-RES)

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Judgment

12 paragraphs · 264 words

Alok Aradhe, J

Sri Vijaykumar A.Patil., learned Additional Government Advocate for respondent Nos.1 to 7.

Sri K.Ramachandra, learned counsel for respondent Nos.8 and 9.

Sri Siddanooru Vishwanath, learned counsel for respondent No.10.

1.

In compliance of the order dated 28.07.2022, Sri Jagadeesh.B.K., Executive Engineer, Karnataka Niravari Nigama Niyamitha is present before this Court.

2.

The issue in this public interest litigation pertains to encroachment of lake situated at Nidhige Village, Shivamogga Taluk, Shivamogga District.

3.

Learned counsel for respondent Nos.8 and 9 has invited the attention of this Court to the affidavit filed by Sri Jagadeesh.B.K., Executive Engineer, Karnataka Niravari Nigama Niyamitha. It is submitted that the entire encroachment on the lake area of Nidhige Village has been removed. It is also stated that respondent No.9 would ensure that trench measuring 3 feet in width and 4 feet in depth is dug around the entire tank area so as to prevent the possibility of encroachment in future.

4.

Learned Additional Government Advocate, on instructions, submits that the Tahsildar, Shivamogga has informed him that the encroachment in question has been removed.

5.

The aforesaid submissions are taken on record.

6.

It is, however, directed that the Tahsildar, Shivamogga and respondent No.9 shall ensure that trench is dug around the lake area measuring 3 feet in width and 4 feet in depth preventing any further encroachment and shall ensure that no encroachment on the lake area takes place.

7.

With the aforesaid directions, the petition is disposed of.

In view of disposal of the petition, pending interlocutory application does not survive and is according disposed of.