Y. Bhimalinga, S/o. Kumaraswamy v. Deputy Commissioner, Ballari
2025-11-05
M.NAGAPRASANNA
body2025
DigiLaw.ai
ORDER : M.NAGAPRASANNA, J. The petitioners in these cases are said to be the residents in a locality in the precincts of Thoranagallu Railway Station in Survey No.321/A/1, measuring about 5 acres and they are said to be residing there since times immemorial. 2. Certain history to the subject litigation is necessary to be noticed. 3. A petition in public interest was filed in Writ Petition No.53846 of 2015. The Division Bench passes the following order: “Mr.R.Devdas, learned principal government advocate, appears and submits that the property that has been encroached belongs to Kurekuppe Gram Panchayath. He submits that Kurekuppe Gram Panchayath having not been made a party in the writ petition, no useful direction could be passed in the writ petition. 2. We, therefore, feel that liberty may be granted to the writ petitioners to submit a representation to the Secretary, Kurekuppe Gram Panchayath, ventilating their grievances. 3. If such a representation is made, the said Secretary is directed to consider and dispose of the representation within three months from the date of submission of such representation, after giving opportunities of hearing to all concerned in the matter. 4. The writ petition stands disposed of. We make no order as to costs.” 4. The learned Principal Government Advocate then had made a submission that the encroached property belongs to Kurekoppa Gram Panchayath and would submit that liberty was then granted to submit a representation and the representation is said to have been submitted by the petitioners therein which is also appended on 18.03.2016. Pursuant to the said order and the representation so made, an order is passed by the Deputy Commissioner, Ballari on 22.08.2016. The order of the Deputy Commissioner reads as follows: 5. Despite the aforesaid orders, it is the allegation of the interveners that the petitioners and the like who are now squatting over the property as unauthorised occupants have completely blocked the railway station and therefore, the order is passed by the Deputy Commissioner directing them to deliver vacant possession of the houses in the vicinity of the railway station. 6. Learned Senior CGSC Sri. M.B. Kanavi would submit that the petitioners who are all now squatting over the property have been re-allotted or relocated to another place and the petitioners have taken those houses and have let those houses on rent while the same is disputed by both Sri. M.L. Vanti and Sri.
6. Learned Senior CGSC Sri. M.B. Kanavi would submit that the petitioners who are all now squatting over the property have been re-allotted or relocated to another place and the petitioners have taken those houses and have let those houses on rent while the same is disputed by both Sri. M.L. Vanti and Sri. Sadiq Goodwala those who are appearing for the petitioners contending that they are not the ones who have been allotted any plots or houses by the railways as is contented. 7. In the light of the said circumstance that the petitioners and the like have been allotted separate accommodation by the railways, they cannot continue to be in an unauthorised occupation of the area coming within the precincts of the Thoranagallu Railway Station. 8. In that light, the learned counsel for the petitioners now submit that they have not been allotted while others have been allotted. 9. The learned counsel Sri. M.B. Kanavi disputes the said position that the list itself is available of who are the allottees and the names of the petitioners does figure in that list. 10. In the light of the said submission and contra-submission, I deem it appropriate to dispose the petitions with a direction to the respondents to allot alternate accommodation as is allotted to every other person who was residing in the vicinity of the railway station, if not already allotted and, if allotted, and the factum of the petitioners renting out such allotment, to others is true, the petitioners cannot remain in the places even for a minute. In the event, they are not allotted as observed herein above, the respondent No.1 shall make all effort to rehabilitate these petitioners as is done in the case of others only if not allotted. 11. The Deputy Commissioner, Assistant Commissioner and Tahasildar shall see to that the rehabilitation process of these petitioners, if they are not already rehabilitated, not already allotted undertaken by the State and taken to its logical conclusion. 12. In the light of the aforesaid reasons, these writ petitions stand disposed. 13. In the event the petitioners are not allotted, they shall not be evicted till such allotment as observed hereinabove. Such allotment shall happen within an outer limit of 12 weeks from the date of receipt of the copy of the same. 14.
12. In the light of the aforesaid reasons, these writ petitions stand disposed. 13. In the event the petitioners are not allotted, they shall not be evicted till such allotment as observed hereinabove. Such allotment shall happen within an outer limit of 12 weeks from the date of receipt of the copy of the same. 14. The persons who are already allotted and if are staying in the premises near the railway station, they shall deliver vacant possession of the premises and leave to reside in the newly allotted premises. 15. In the light of the aforesaid circumstance, the Assistant Commissioner of the jurisdiction shall render such assistance for eviction of these persons in terms of the order passed by this Court and also supervise such action so that no untoward incident would ensue. Ordered accordingly.