Karnataka HC Closes Thamba School-Land PIL After State Reports Encroachments Removed From 4 Acres 6 Guntas

The petitioners sought mandamus directing the authorities to implement a Deputy Commissioner’s order dated 10 July 2017, remove encroachments from specified government lands at Thamba Village, and use the land for educational purposes.

They also sought prevention of sewage accumulation and provision of roads and other basic amenities.

In an affidavit filed on 19 February 2020, the Principal Secretary, Revenue Department, stated that proceedings to remove encroachments had been initiated, notices issued, and the encroachments removed; action had also been initiated against the Assistant Commissioner and the Government High School Head Master following an enquiry.

The petition was brought under Articles 226 and 227 of the Constitution, seeking, among other relief, a writ of mandamus.

The Court cited no statute, precedent, or specific legal test. It considered the State’s affidavit reporting completed remedial action and left open the petitioners’ ability to approach the Assistant Commissioner if further encroachment occurred, for consideration and action in accordance with law.

The State’s affidavit represented that the encroachments had been removed after notice and hearing, and that the removal had been reported to the Assistant Commissioner and Deputy Commissioner.

It also reported action against the officers concerned.

In light of those steps, the Court considered further orders unnecessary.

It nevertheless preserved a route for the petitioners to complain to the Assistant Commissioner if encroachment recurred.

It directed no additional relief, but left the petitioners free to raise any future encroachment before the Assistant Commissioner, who was to consider the complaint and take appropriate action in accordance with law.