S P LINGARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All the petitioners claim to be absolute owners in lawful possession of the petition properties/buildings that are situate on the lines adjoining Bengaluru-Mangalore Road which is notified to be the National Highway No.48 that passes through the Municipal limits of Sakleshpur Town. They are before this Court grieving against the alleged highhanded act of the respondents in demolishing or threatening to demolish the portions of their buildings on the arrogated assumption that they are built on the public roads by way of encroachment.

(2.) The official respondents having entered appearance have filed a Statement of Objections in a few of these matters with a request that the same be adopted for the rest. The respondent-Town Municipality has also filed the Statement of Objections. These respondents by their pleadings have taken up various contentions resisting the petition prayers. This Court in most of these matters had granted some protection by way of interim relief. All these matters involving substantially similar questions of law and fact have been taken up for final hearing with consent and are being disposed off by this common judgment.

(3.) Learned counsel for the petitioners vehemently contend that they have acquired title to the petition properties by virtue of registered conveyances; they have been residing or running their businesses in the structures which have been long ago put up; some of these structures apparently have vintage value as can be ascertained from their photographs produced as Annexures to the writ petitions, their authenticity not being in question; that being so the respondent-Assistant Commissioner hand in glove with the officials of the respondent-Town Municipality have been making all out efforts to demolish the buildings in question in the guise of widening of the subject road.