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Judgment
The petitioner-Mr.Chikkannachari S/o late Dakshinacharya has filed this writ petition in this Court on 24.08.2016 with the following prayers:
a. To call for the entire records from the office of the Respondent No.3 regarding Petitioner''s property assigned with Khatha No.89/34/2
measuring an extent of 0.10 Guntas situated at Javarenahalli, Bellur Hobli, Nagamangala Taluk.
b. To issue Writ of Mandamus directing the Respondents No.1 to 3 to take immediate legal steps by considering the representation/complaints
made at Annexure-E dated 24.05.2016 and take immediate legal steps to prevent illegal and unauthorized construction.
c. To grant such other relief or reliefs as this Hon''ble Court deems fit and proper in the facts and circumstances of the above case.
Upon issuance of notice, the private Respondent No.4-Mr.Doddegowda S/o late Ningegowda has filed Statement of Objections in this petition.
Surprisingly, the public body namely the Respondent No.3-Javarenahalli Gram Panchayath, Nagamangala Taluk, has not cared to file response
or the Statement of Objections in this Court, though notices of this Court were served upon the Nodal Officer appointed by the Government for
coordinating the response of the local bodies Department before this Court on the last occasion dated 14.12.2017 on one Ms.M.Nethravathi,
Nodal Officer was present in the Court and the matter was posted on 04.01.2018 and thereafter today on 01.02.2018 but another Nodal Officer
Mr.Santosh Killedar is present in the Court.
The learned Government Advocate informed that during the pendency of this writ petition, nobody has entered appearance on behalf of the
Gram Panchayat and filed their response to the summons of this Court.
It is indeed unfortunate that the Gram Panchayat are not taking the matters pending in this Court with due seriousness and therefore the
concerned PDO of the Gram Panchayat deserves to be prosecuted under the relevant Disciplinary and Control Rules.
The concerned Secretary of the Department of the State Government of Panchayat Raj and Rural Development is therefore directed to take
appropriate action against the PDO of the said Gram Panchayat and take suitable action against them and status report is directed to be filed within
two months from today with reference to the present writ petition.
On merits of the case, the private Respondent No.4 through its Statement of Objections has pointed out that both these parties have already
engaged in the Civil suits in the trial Courts one such suit is O.S.No.258/2013 (Chikkannachari -vs- Doddegowda) came to be dismissed on
30.10.2015 whereas another suit O.S.No.2750/2013 (Doddegowda -vs- Chikkanachari) came to be decreed by the trial Court on 03.01.2015
against which the first appeal is said to be pending before the next higher Court vide R.A.No.4/15 in the Court of Senior Civil Judge (Sr.Dn.) at
Nagamangala. However, the learned counsel for the petitioner submitted that the land in question involved in the aforesaid two civil suits is different
from the land involved in the present writ petition namely land and the road margin in Khatha No.89/34/2 measuring 0.10 guntas situated at
Javarenahalli, Bellur Hobli, Nagamangala Taluk.
Having heard the learned counsel for the parties, this Court is satisfied that such land disputes, alleged encroachments and respective property
rights can be properly adjudicated only in duly and properly instituted civil suits and not in the extraordinary jurisdiction under Article 226 of the
Constitution of India.
The parties in the present case have already appear to be involved in various civil disputes and if the land in question involved in the present
petition is different, that also deserves to be adjudicated upon by the concerned civil Court. It is needless to say that the petitioner can implead
even the concerned Gram Panchayat as defendant in the suit as the public bodies including the Gram Panchayats are not beyond the jurisdiction of
the Civil Court.
Therefore, the writ petition is disposed of with a liberty to the petitioner to approach the Civil Court by way of civil suit in the matter.