IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.12163-12164 OF 2018 (GM-RES) BETWEEN:
1. ASHRAF C M S/O MOHAMMED C M, AGED ABOUT 44 YEARS, 2. MRS. SAJIDA T V W/O ASHRAF C M, AGED ABOUT 40 YEARS, BOTH ARE R/AT NO.286, IST MAIN, IST CROSS, VINAYAKA NAGAR, HAL POST, BANGALORE-560037. … PETITIONERS (BY SRI.A.KUMARAVEL, ADV.) AND:
1. THE STATE OF KARNATAKA VIDHANA SOUDHA, BANGALORE-560 001 BY ITS CHIEF SECRETARY 2. BESCOM HAL OLD AIRPORT ROAD, BANGALORE CITY-560 008 BY ITS MANAGING DIRECTOR 3. THE COMMISSIONER BBMP, HUDSON CIRCLE, BANGALORE-560 002 4. THE EXECUTIVE ENGINEER BBMP, WARD NO.81, VIBHUTIPURA, BANGALORE CITY-560 037 5. AMAN NO.75, 16TH CROSS, 4TH MAIN, RAMESH NAGAR, BANGALORE CITY-560037 … RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R-1; SRI H.B.DEVARAJU, ADV. FOR R-2;
SRI I.G.GACHCHINAMATH, ADV. FOR R3 & R4; SRI DANAPPA P PANI BHAT, ADV. FOR R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PAY A SUM OF RS.20,000/- TO THE PETITIONERS AS COMPENSATION, ON ACCOUNT OF THE DEATH OF THEIR SON ABDUL RAZACK DUE TO ELECTRIC BURNS AUSED DUE TO THE RASH AND NEGLIGENT ACTS OF THE RESPONDENTS AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.A.Kumaravel, learned counsel for the petitioners.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent No.1.
Sri.H.V.Devaraju, learned counsel for respondent No.2.
Sri.I.G.Gachchinamath, learned counsel for respondent Nos.3 and 4.
Sri.Danappa P. Pani Bhat, learned counsel for respondent No.5.
In these petitions, the petitioners seek for writ of mandamus directing respondents to pay a sum of Rs.20,00,000/- to the petitioners as compensation on account of the death of their son Abdul Razack due to electric burns caused due to the rash and negligent acts of the respondents.
2. When the matter was taken up today, learned counsel for the petitioners submitted the petitions be disposed of with liberty to the petitioners to file a representation to the competent authority with regard to their grievance and the competent authority be directed to consider the representation submitted by them in accordance with law.
3. In view of the submission made and in the facts of the case, the writ petitions are disposed of with liberty to the petitioners that in case a representation is made by them to the competent authority within a period of two weeks from the date of receipt of the certified copy of the order passed today, the same shall be dealt with by the competent authority in accordance with law by a speaking order within a period of four months from the date of receipt of such representation.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
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Sd/- JUDGE