HC Decision Rejecting Claim Of Encroachment Of Public Road Binding On Legislative Council Petitions Committee: Karnataka High Court

The Karnataka High Court has set aside a direction issued by the Petition Committee of the Karnataka Legislative Council regarding the alleged encroachment of a public road in Rajakaluve.Justice Suraj Govindaraj allowed the petition filed by C Bhavani @Hamsa and quashed the directive issued by the Committee on March 8, 2017. It said “The impugned direction dated 8.3.2017 issued by the Respondent No.1, is hereby quashed.” The petitioner contended that the Petitions Committee, Karnataka Legislative Council, has acted on a complaint filed by one Sri.C.Ramesh. The said C.Ramesh was a party to the proceedings before the Division Bench of this Court in a Public Interest Litigation in Shriram Properties Pvt Ltd vs. State Of Karnataka & others in WP No.47747 of 2017 & other connected matters dated 19.01.2021, wherein said C.Ramesh was respondent No.2 in WP No.1348 of 2018. The Division Bench of the Court categorically came to a conclusion by its order dated 19.1.2021 that there is no encroachment of Rajakaluve or a road as alleged by the said C.Ramesh, the proceedings by way of a complaint filed by Sri.C.Ramesh before the Land Grabbing Court had also been dismissed. Thus, it was argued that the order passed by the Division Bench would be equally applicable to the present facts, and as such, the direction issued on 8.3.2017 by the Petitions Committee, Karnataka Legislative Council, cannot be acted upon. The bench perused the order of the division bench of the high court and said “It is clearly and categorically observed by the Division Bench of a suit in OS No.3596 of 2015 having been filed before the Special Court Land Grabbing and the Division Bench has categorically come to a conclusion that there is no encroachment of any public road or a Rajakaluve in Sy.No.83/2 and the Assistant Executive Engineer, BBMP had reported on 19.7.2017 to the Special Court that there is no existence of any Rajakaluve in Sy.No.83/ 2.” Following which it held “The finding of the Division Bench of this Court though subsequent to the direction issued by Respondent No.1, the said finding would be binding even on Respondent No.1-Committee.” Accordingly it allowed the petition. Appearance: Advocate Shivaprasad Shantanagoudar for Advocate Vinod Reddy V for Petitioner.AGA Mahantesh Shettar for R1 TO R3.Advocate N.R Jagadeeswara FOR R4.Advocate G.S Venkat Subbarao for impleading applicant. Citation No: 2025 LiveLaw (Kar) 226Case Title: C Bhavani @Hamsa AND The Petitions Committee Karnataka Legislative Council & OthersCase No: WRIT PETITION NO. 30129 OF 2017Click Here To Read/Download Order

HC Decision Rejecting Claim Of Encroachment Of Public Road Binding On Legislative Council Petitions Committee: Karnataka High Court

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