Help me sir i want to file case in court
Deepak S/o Sri Gururaj Achar
Laughing Budha Restaurant and Home Stay,
Virupapurgaddi , SANAPUR POST Gangavathi Taluk, Koppal Dt, KARNATAKA
Reg:Trespassing into and illegal destruction and demolition of my property at Virupapurgaddi
I own a piece of land (survey no 43/2/7) on the banks of Thungabhadra river in Virupapurgaddi village, opposite to Hampi. I reside in the property with my wife in a small cottage. My parents, sisters and my in-laws visit me frequently and for the purpose of their stay I have constructed two cottages in front of my residence.
I have also constructed four more cottages and during the tourist season starting from October rent them out to mainly foreign tourists. I also run a restaurant for the tourists in the property. My residence, the cottages and the restaurant are not pucca constructions but are built with locally available natural materials like bamboo and thatched roof and conform to the local rural building culture and ethos.
I have been requesting the authorities for trade license to run the restaurant and home stay right from 2006. I have sent representations to every authority from the Grama Panchayat at Anegundi to the Chief Minister of Karnataka but have not received any positive response so far. But in 2011, The Tahsildar, Gangavathi had recognized my home stay facility by asking me to reserve rooms for the delegates of the 78th All India Kannada Sahithya Sammelana at Gangavathi, by his letter dated 24/10/2011. The Assistant Commissioner of Commercial Taxes at Gangavathi has issued me a composition Tax Registration Certificate on 09/07/2012 effective from 18/02/2011 to run my business as hotelier / restaurateur / caterer etc. (TIN: 29530603594).
I have been conducting my business strictly within the law, no drugs are allowed within the premises and no alcohol is served. Strictly, no illegal, immoral activities are permitted in my property. My home stay is patronized by budget travelers from Europe and Israel who come for study and meditation. Even single ladies feel quite safe here as they are looked after well. Our resort has earned a good name in Europe and Israel through word of mouth and internet. Our restaurant is also patronized by the local gentry as well as other Indian tourists for its hygienic and tasty dishes.
On the 26th February, 2013, I got word that the District Authorities have decided to clear the encroachments and unauthorized constructions on the main road running across Virupapurgaddi. But suddenly at about …….. PM, a team headed by the Tahsildar, Gangavathi barged in to my property along with a JCB and a police posse, started the demolition of the restaurant and the cottages. Despite my strong protest and pleading they went ahead and brought down the restaurant, the common kitchen and five of the cottages mercilessly. Fortunately my wife was not present at that time. Otherwise it would have broken her heart also as it did mine. All my six years of toil and sweat were demolished in a few minutes in front of my eyes. I was not able to contact anyone over phone as the network was jammed. The TV and the Press who covered the demolition on the main road had gone back by the time the demolition squad descended on my property. I suspect that they were sent back by the authorities to avoid detection of their wanton, illegal destruction by the Press .
This barbarous, heinous demolition was done illegally and without authority of law. They have deprived me of my livelihood by destroying my property.
Trespass: The officials and others who entered my property and demolished the restaurant and the cottages are guilty of trespass under Sec. 441 of the Indian Penal Code which reads as under:
“Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property …..is said to commit ‘criminal trespass’”.
The group of officials who entered into my property without any authority and without my permission, did so with an intention to intimidate me and illegally destroy my property
In a very recent case before the High Court of Karnataka as reported in the Times of India, Of 20/05/2013, the H C observed as under:
“No citizen can be deprived of his property except in accordance of law….The rule of law is paramount”
“Any property demolition has to be done purely in accordance with law. ‘
Pulling up the BBMP for demolishing a citizen’s property without any authority, the HC has said that no citizen can be deprived of his property, except in accordance with law.
“The rule of law is paramount”
As submitted by me earlier in this representation, I have not done anything illegal. As a law abiding citizen, I repeatedly sought permission to earn my livelihood by legal means. The fact that I am running a home stay facility is recognized by the local Tahsildar’s office and I have taken a licence to run a restaurant. I have been following all the rules and regulations of the local authorities in running my business.
In spite of this, I do not understand why a group of officials headed by the Tahsildar decided to trespass into my property, demolish my buildings and destroy my livelihood.
I, therefore humbly pray that