A.R. Venkateshaiah vs The Deputy Commissioner and Others

B. Manohar, J.—The petitioner in this writ petition is seeking for the following reliefs: i) Issue an order, direction or writ in the nature of writ of mandamus directing the respondents 1 to 4 to remove the obstruction to the public road situated in Government land in Sy. No. 79 of Anugondanahalli Village and Hobli, Hosakote Taluk, Bangalore rural district as shown in the surveyor''s sketch Annexure-C as per law and maintain the said road for public use free from obstruction.

ii) Grant such other relief which this Hon''ble Court may deem fit in the facts and circumstances of the case.

The grievance of the petitioner in this petition is that he is the owner of the land bearing Sy. No. 80 measuring 2 acres 14 guntas, situated at Anugondanahalli Village, Hoskote Taluk, Bangalore Rural District. To the west of the petitioner''s land, the land bearing Sy. No. 79 measuring 2 acres 18 guntas belonging to the State Government was reserved and classified as ''Government Dasappana Thopu''. The villagers were making use of the said land as resting place for the cattle during day time. 2. The learned counsel for the petitioner submits that the respondent Nos. 1 to 4, without obtaining permission u/s 71 of the Karnataka Land Revenue Act, 1964 have formed the layout and distributed the sites under the housing scheme. Further, the public road existing on the said land is also removed, which is adversely affecting the interest of the villagers and therefore the petitioner has filed this writ petition.

Sri Ramachandra R. Naik, the learned Government Pleader appearing for the respondent Nos. 1 and 2 submitted that the writ petition filed by the petitioner is not maintainable. He submits that the prayer sought by the petitioner cannot be granted in this writ petition because, for the benefit of the general public, the respondent Nos. 2 to 4 have formed the layout in the government lands and distributed the sites to the landless persons. There is no existence of public road in the said property. He has therefore sought for dismissal of this petition. I have carefully considered the arguments addressed by the parties and perused the averments made in the writ petition. The records clearly disclose that land bearing Sy. No. 79 measuring 2 acres 18 guntas is a government land. Under the scheme of the government, the respondent Nos. 1 to 3 have formed the layout and distributed it to the landless persons for the benefit of the general public. The petitioner has not produced any document to show the existence of the public road in the said property. He has neither produced the village sketch nor the village map to substantiate his case. The respondent Nos. 2 to 4 have utilised their lands for the use of the general public. Hence, the prayer sought by the petitioner in this writ petition cannot be granted. If the petitioner''s civil right is affected by any of the actions of the respondent Nos. 1 to 4, it is open to him to avail appropriate remedy available to him in law. Accordingly, this petition is dismissed.