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Gautham   10 April 2024

Pil: eradicate the encroachment and restore the land to its intended public purpose


Frontage to our property lies "Road poramboke Land (Pot Kharab B)". The ownership of the land in question rests with survey number 112-A1A1A1, Padu Grama Panchayat, currently under the jurisdiction of Kapu Purasabha, within Kapu Taluk, Udupi District, Karnataka. Historically utilized as a thoroughfare/footpath by the public for centuries, this area has now been occupied by Ragini, who has erected commercial structures upon it, asserting possession under the pretext of "Saguvali Chit." Survey department yet to do plotting of the land.

The entirety depth of the land spans approximately 22.5 meters from the road's centerline. Notably, Ragini has encroached upon my frontage, comprising over 50% of the space, along the PWD road, situated a mere 22.50 meters. 


This encroachment severely impacts public access to the long-standing free passage along the footpath, which has been in place for generations. During the Suggi Maripuja festival, it is anticipated that thousands of people will utilize this land.

Requested Action:

I kindly request the liberation of this land for public utilization. It is imperative to eradicate the encroachment and restore the land to its intended purpose, ensuring unrestricted access for the public.

Note: Looking for quick help regarding identifying compelling PIL legal arguments relevant to a particular legal or tort law issue, governed by either codified or uncodified statutes (Inorder to identify a proficient legal advocate well-versed in addressing specific facets of legal matters. Willing to remunerate for consultation services to obtain expert guidance in formulating robust legal arguments before engaging in formal representation for the case)


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     10 April 2024

You can choose a lawyer to your expectations either from this forum or oiutside  and proceed with the proposed PIL. 

Gautham   10 April 2024

Hello Team, Would it be more advantageous to pursue litigation in a trial/High Court setting, or would opting for adjudication in an AC/DC/Tribunal court be a preferable course of action? This decision is prompted by the fact that the disputed land was allocated pursuant to a Tahsildar order (Form 50 based grant). Upon reviewing the applications pertaining to the specific survey number, it is evident that with the exception of two applications, all have been dismissed on grounds of "poramboke road." Notably, one instance stands out where land was granted to an individual of significant influence. My objective is to build a compelling case with robust legal footing.

I have thoroughly reviewed this case in collaboration with a senior deputy tahsildar. Regrettably, we have not been furnished with the complete file (ಸಂಪೂರ್ಣ ಕಡತ) pertaining to NCR order number (ncrcr100/9/9191) for Padu Grama, Kapu Taluk, Udupi District.

Regards, Gautham 

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

You can discuss the issue elaborately with an experienced lawyer in the local and proceed as advised because all further issues pertaining to this subject has to be analysed only after scrutinising the relevant papers and the documents.

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Gautham   12 April 2024

Thank you for your response. I would like to conclude here by offering a closing remark.

Despite their possession of more than 10 cents of land, only 3 cents cover the frontage of our property. Relief is specifically sought for the portion of the 3 cents of land covering on the frontage of our property. The Request for the liberation of this portion of the land for public utilization.

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

If the stated proble is of public interest then as advised you may discuss with a loawyer in the local and proceed to file a PIL for the reasons you rely upon. 

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