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Chavan   01 October 2018

Trespassing in kharab b land

Dear Sir/Madam,

We have an agricultural land of 11 acres in mysore district of karanata where we are growing variety of crops, the area is completely fenced since last 3 years. There is a bund of a big lake on one side of our land boundary, the source of water for this tank is from nearby dam and it will be filled up after rainy season for a period of 6 months rest of the year it will be dry. A small canal of about 2.5-3ft wide passes right in the middle of our farm carrying water from the lake farms beyond our farm. In our RTC (Record of Rights, Tenancy and Crop Information) there is a mention of B Kharab (government canal) of an extent of 0.5 acres. We have been allowing irrigation department officals/workers to carry out their canal works whenever necessary by opening the gates at either side of canal. All of a sudden few days ago, some of our neighbours along with irrigation engineer came without notice and demolished the gates (next to canal) including some fencing poles and are using one side of canal as access road to drive tractor, cattle etc. This is done to intimidate and provoke us and some governmental officials are involved in this. Despite of registering a complaint, the police are not acting against the law breakers and havent registered an FIR but only an NCR. Now we would like to approach karanata high court with a writ petition praying for justice. I would like to know whether there are any guidelines as per Karnataka land revenue act that Kharab B land can be used as public road? Can anyone suggest or recommned any judgements/citations providing relief for owner of Kharab B land from public tresspass?

Thanks for reading and look forward for some help, if you can. 

Regards,

Chavan



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