• Demolition

Private Complaint No.            /2020



IN THE COURT OF THE HONOURABLE  J.M.F.C, GANGAVATI, AT:GANGAVATI.


Between:



Mr. Deepak S/O. Gururaj Achar,

Age: 44 Yrs, Occ: Business,

R/O. Veerpapura Gaddi, Tal Gangavati, Dist: Koppal

..Complainant


V/S

 



     The Commissioner,         

Hampi World Heritage Area Management Authority, 

Hosapete

Dist: Bellary



     The Tashildar, 

Gangavati Taluka,

Dist: Koppal .

..Accused


COMPLAINT UNDER SECTION 200 OF CRIMINAL PROCEDURE CODE FOR THE OFFENCE PUNISHABLE UNDER SECTION 166, 167, 141, 149, 182, 269, 270, 350, 425,441 and 503  OF INDIAN PENAL CODE  



I.    The address of the complainant for the purpose of service of summons, notices etc., as shown in the cause title and that of its counsel is, 

------

Advocate,

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II.    The address of the accused for the same are as shown in the cause title above.


III.    Herein, the above named Complainant most respectfully submits as under,


1.    The  Complainant is a resident of Veerpapura Gadde , Tal: Gangavati, Dist: Koppal and he is residing in his land bearing Sy.No. 43/2/7 measuring 10 Gunthas situated at  Virupapur Gadde , Tal: Gangavati, Dist: Koppal since 2006 and he started living jointly with his wife namely Sandhya W/O. Deepak Achar since 2011. 


2.    The land comprised of a temporary hut as his home and  a few rooms and a restaurant using eco friendly materials  in temporary structures under the name and style ‘Laughing Buddha’. The Complainant along with his wife made their living through selling of juices from seasonal fruit bearing trees planted   in his land along with seasonal business catering to the tourists to Hampi.  


3.    That the accused No. 2  issued a notice dated 07.03.2015 for removing the structures used for his business which was challenged by the Complainant under W.P. No.103751/2015  before The Honourable High Court, Dharwad which came to be disposed off on 21.04.2016. Further, the accused No.2 issued notice dated 12.05.2016/04.06.2016 which came to be challenged by the Complainant under W.P. No.104612/2016(GM-Res)  before The Honourable High Court, Dharwad which also came to be disposed off on 24.02.2020 by granting two weeks’ time to the Complainant to file objections and further directed the Accused No.2 to consider the same in accordance with law and pass appropriate order within two weeks thereafter and till then the Accused No.2 shall not take any action. 


4.    Whereas the complainant filed his objection before the Commissioner, HWHAMA, Hospet  on 06.03.2020. It is submitted that, without following the direction of the Honourable High Court of Karnataka, Dharwad under W.P. No.104612/2016(GM-Res)  , on -----the Accused No.1 and 2  marked the house of Complainant for demolition.  The Complainant apprehending misuse of power , hurriedly approached the Honourable High Court of Dharwad under W.P. No.145689/2020 and