B SHIVASWAMY S/O LATE BASAPPA Vs. STATE OF KARNATAKA DEPT. OF PUBLIC WORKS, BANGALORE. REP. BY ITS SECRETARY, DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE, ASST. EXECUTIVE ENGINEER, DEPT OF P.W. D, HARBOUR INLAND WASTE TRANSPORT SUBDIVISION, T.

JUDGEMENT

(1.) THE petitioner's grievance is that the shops erected on the land in question are being demolished for the widening of T. Narasipura - Nanjangud road. Sri Sandesh, the Learned Counsel for the petitioner submits that the petitioner has not encroached any public property and that the petitioner is the lawful owner of the property in question. He submits that without following the due process of law, the petitioner is being dispossessed and the the shop units are being demolished.

(2.) SRI N.B.Vishwanath, the learned Additional Government Advocate for the respondent Nos. 1 to 3 submits that the shops in question are existing on the road. He submits that the petitioner has encroached the property.

(3.) IF the petitioner has indeed encroached the public property or any portion thereof, the respondents have the power coupled with duty to have the encroachment cleared but then an opportunity has to be given to the petitioner to show to the respondents authorities that he has not encroached the property and that he is the !awful owner.