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Judgment
A.S. Bopanna, J.—Learned Government Advocate to accept notice for respondents No. 1 and 2. He is permitted to file memo of appearance in four weeks. The petitioners are before this Court seeking for issue of mandamus to identify and demarcate the road passing through Sy. Nos. 30, 31 and 32 of Mudihadadi Village, Davanagere District.
The petitioners claim to be the residents of Mudihadadi village, Davanagere Taluk. They contend that they are the agriculturists and also depend on the water available at Devarabilikere Tank for their agricultural activities. The villagers were using the road which is said to be passing through in Sy. Nos. 30, 31 and 32. The grievance of the petitioners is that though the same is shown as a village road, there is encroachment on the said road which is preventing the petitioners from using the same. In that regard, the representations are said to have been made by the petitioners as at Annexures-B to D. Since the same have not evoked any response from the Revenue Department, the petitioners are before this Court seeking for issue of mandamus to consider the representations.
The very nature of the claim made in the petition and what has been stated in the representations would indicate that the same would require a factual determination at the hands of the revenue authorities at the first instance to come to a conclusion as to whether the grievance put forth by the petitioners is to be accepted and any further action is to be taken. Since at this juncture, the representations are yet to be disposed of by the respondents, this Court in any event cannot express any opinion on the merits of the claim which has been made in the petition. However, the respondents cannot ignore the representations. Therefore, though the representations have been made to the Assistant Commissioner and Deputy Commissioner, the second respondent-Tahsildar at the first instance would have to consider these aspects and if further approvals are required from the higher authorities, the same is to be placed before the said authorities. Hence, at this juncture, a direction to the second respondent would be sufficient.
Accordingly, the second respondent is directed to look into the representations submitted by the petitioners and the others and determine the factual aspects as indicated therein and if any further action is required in that regard, the same may also be taken. In that process, if any of the parties are to be notified, they may also be notified before such action is taken. In order to enable the second respondent to consider the matter in an appropriate manner, the petitioners shall now file one more copy of the representations along with supporting documents with the second respondent within three weeks from the date of receipt of a copy of this order. The second respondent shall thereafter look into the representation and prima facie come to a conclusion about the claim made by the petitioners. The result of such consideration shall be intimated to the first respondent herein which shall be sufficient compliance on behalf of other petitioners also. Such intimation shall be issued to the petitioners within six weeks from the date on which the representations are made. Needless to mention that if any further action is required by the second respondent, the same shall be initiated thereafter and be completed in an expeditious manner.
In terms of the above, the petition stands disposed of.