IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.37629/2017 (GM-FOR-PIL) BETWEEN:
1. ADVOCATES ASSOCIATION (REGD.) HOLALKERE CHITRADURGA DISTRICT-577 526 BY ITS PRESIDENT, S.VIJAY S/O SHIVALINGAPPA AGED ABOUT 44 YEARS ADVOCATE, HOLALKERE CHITRADURGA DISTRICT-577 526 2. M.B.THIPPESWAMY S/O BURMAIAH AGED ABOUT 41 YEARS MEMBER OF CHITRADURGA ZILLA PANCHAYAT FROM MALLADIHALLI CONSTITUENCY R/O KODAGAVALLI HOLALKERE TALUK CHITRADURGA DISTRICT-577 526 3. K.C.MAHESHWARAPPA S/O H.CHANDRAPPA AGED ABOUT 46 YEARS MEMBER OF CHITRADURGA ZILLA PANCHAYAT OF RAMAGIRI CONSTITUENCY R/O THUPPADAHALLI HOLALKERE TALUK CHITRADURGA DISTRICT-577 526 4. H.K.LINGARAJU S/O LATE H KENCHAPPA AGED ABOUT 49 YEARS AGRICULTURIST, R/O B.DURGA HOLALKERE TALUK CHITRADURGA DISTRICT-577 526 5. T.C.SHIVAKUMAR S/O CHANDRAPPA AGED ABOUT 40 YEARS ADVOCATE BY PROFESSION R/O THIMMALAPURA VILLAGE AMRUTHAPURA POST, THALYA HOBLI HOLALKERE TALUK CHITRADURGA DISTRICT-577 526 ... PETITIONERS (BY SRI B.M.SIDDAPPA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001 2. THE SECRETARY THE DEPARTMENT OF LAW AND JUSTICE VIDHANA SOUDHA BANGALORE-560 001 3. THE REGISTRAR HIGH COURT OF KARNATAKA BANGALORE-560 001 4. THE SECRETARY REVENUE DEPT., M.S.BUILDING BANGALORE-560 001 5. THE PRINCIPAL SECRETARY DEPT. OF FOREST ECOLOGY AND ENVIRONMENT M.S.BUILDING BANGALORE-560 001 6. CHIEF CONSERVATOR OF FOREST ARANYA BHAVANA, 18TH CROSS MALLESHWARAM BANGALORE–560 003 7. CHIEF FOREST OFFICER BELLARY CIRCLE BELLARY-583 126 8. DEPUTY CONSERVATOR OF FOREST CHITRADURGA DIVISION CHITRADURGA DISTRICT-577 501 9. THE MANAGER DIRECTOR KSRTC, SARIGE BHAVANA KH ROAD, SHANTINAGARA BANGALORE-560 027 10. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577 501 11. THE ASST. COMMISSIONER CHITRADURGA SUB DIVISON CHITRADURGA-577 501 12. THE TAHSILDAR HOLALKERE TALUK HOLALKERE-577 526 CHITRADURGA DISTRICT ... RESPONDENTS (BY SRI R.DEVDAS, PRINCIPAL GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DTD.5.10.2016 ISSUED BY R-5 VIDE ANNEXURE-E TO THE W.P. AND DIRECT R-9 NOT TO CONSTRUCT KSRTC BUS STAND IN THE PLACE OF EXISTING FOREST OFFICES AND QUARTERS AT HOLALKERE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. The grievance of the petitioners is that the construction of KSRTC bus stand next to the Court complex will not be conducive for the functioning of Courts at Holalkere.
2. Learned Counsel appearing for the petitioners submits that, in this behalf, petitioner No.1-Advocates’ Association has submitted a representation dated 24.06.2017 (Annexure-H3) to the Chief Secretary, Government of Karnataka.
3. On the facts of the case, we deem it appropriate to direct the Chief Secretary, Government of Karnataka, to consider the aforesaid representation and to pass a reasoned order within three months from the date of receipt of a copy of this order. Ordered accordingly. Petitioner No.1-Advocates’ Association shall furnish a copy of the aforesaid representation along with a copy of this order to the Chief Secretary to enable him to consider the representation within the time limit stated above. Petitioner No.1-Advocates’ Association is also permitted to give any relevant material in support of their grievance to the Chief Secretary, Government of Karnataka, within one month from today.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Yn.