IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.40328 OF 2016 (GM-RES) BETWEEN:
MR. BHIKARAM S/O KHIVARAM, AGED ABOUT 56 YEARS, R/AT NO. 136, 4TH CROSS, 7TH MAIN ROAD, NAGENDRA BLOCK, BSK 3RD STAGE, BENGALURU - 560 050.
(By Mr. RAJAGOPALA NAIDU, ADV., ) AND:
1.THE CHAIRMAN BMTC, CENTRAL OFFICER, H.SIDDAIAH ROAD, SHANTHINAGAR, DOUBLE ROAD, BENGALURU - 560 027.
2.THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU - 560 002.
(By Mr.B.L. SANJEEV. ADV, FOR R1 … PETITIONER … RESPONDENTS Mr. N.R. JAGADEESHWARA ADV., FOR R2(ABSENT)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REMOVE THE ON GOING BUS SHELTER WHICH IS BEING ERECTED IN FRONT OF THE PROPERTY BEARING NO.222, FORMED BY THE BDA AT AVALAHALLI, BDA II LAYOUT, BENGALURU.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Rajagopala Naidu, learned counsel for the petitioner.
Mr.B.L.Sanjeev, learned counsel for respondent No.1.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for the following reliefs:
(i) Grant a writ of mandamus directing the respondents to remove the on going bus shelter which is being erected in front of the property bearing No.222, formed by the BDA at Avalahalli, BDA II layout, Bengaluru.
(ii) Grant a Writ of mandamus directing the respondents to consider representation dt: 18/06/2016 as per “ANNEXURE-E” and to stop further erection of bus shelter in front of the property of the petitioner.
(iii) For a writ mandamus directing the respondent to utilize the services of the existing 36 ‘G’ bus stop in picking up the passenger as it is going on since all these years.
(iv) Issue any other writ or direction or any relief that this Hon’ble Court deems fir to grant in the facts and circumstances of the case including the order as to costs.
4. When the matter was taken up today, learned counsel for the respondents while inviting the attention of this Court to the objections filed on behalf of the respondents has submitted that the respondents have not constructed any bus shelter in front of the property bearing No.222, which belongs to the petitioner. The aforesaid statement, which has been made on affidavit has not been controverted by the respondents by filing any rejoinder. Therefore, there is no reason to disbelieve the stand taken by respondents.
Accordingly, the petition is dismissed.
Sd/- JUDGE SS