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Judgment
Huluvadi G. Ramesh, J.—Learned HCGP is directed to take notice for respondents 1 to 3. Notice to 4th respondent is dispensed with.
Petitioner has sought for a direction to set aside the order dated 15.2.2010 bearing No. Jeeneko. Misc.C.R. 285/09-10 passed by the 1st respondent vide Annexure-G.
According to the petitioner, he had purchased the land bearing Sy. No. 40/3A2 of Babbur village, Hiriyur taluk, Chitradurga by virtue of sale deed dated 06.13.1978. During March, 2009, a survey was conducted and survey report was prepared stating that there is an encroachment by the petitioner in Sy. Nos. 39/1A1B, 39/1A2 and 39/1B of the above said village, in which a road passed through the petitioner''s land. A notice in this regard was issued by the Chief Officer, Town Municipality, Hiriyur on 27.07.2009 stating that there is an encroachment to the extent of 1412, Sq.ft., by the petitioner and animated him for removal of encroachment and to be present on the spot on 4.8.2009 for necessary action. However, according to the petitioner, the order passed by the Deputy Commissioner based on the report of the Tahsildar and the Chief Officer, vide Annexure-G is erroneous and passed without notice to him.
On a perusal of the impugned order passed by the Deputy Commissioner, it is noticed that Sy. No. 40/3A2 is said to have been purchased by the petitioner and towards south, the existence of a road has been depicted. As such, based on the said report, it was opined that the land of the petitioner and others were converted for industrial purpose. According to the petitioner, there is no such road in existence and there is no encroachment made by him. Despite that an order is passed by the Deputy Commissioner to demolish the property belonging to the petitioner.
What is being noticed is according to the survey report, there is a road towards South in Sy. No. 40/3A2 which is a public road. However, noting that there is in encroachment, the Deputy Commissioner is said to haws passed the impugned order on basis of the notice issued by the Chief Officer, Town Municipality. But, the fact remains that according to the petitioner, there is no encroachment and he has not been served with any notice before parsing the impugned order.
Therefore, for the present, without interfering with the order passed by the Deputy Commissioner, it is hereby ordered that the petitioner is directed to appear before the Deputy Commissioner positively on 22.04.2010 and he shall be given an opportunity of hearing to address his grievance If there is lie encroachment as per the opinion of the Deputy Commissioner after hearing the petitioner, he is at liberty to proceed with the earlier order or eke he would modify his order. If there is any encroachment, then the respondents-authorities shall proceed for demolition.
With the above said observations, the petition is disposed of.
Learned HCGP is permitted to file his memo of appearance within four weeks from today.