IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH 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.10485/2017 (GM-RES-PIL) BETWEEN:
GURUNATH VADDE S/O VAIJINATH RAO AGED ABOUT 50 YEARS OCC: SOCIAL WORKER R/AT 14, SANTHOSH COLONY AURAD (B) TALUKA DISTRICT BIDAR - 585 401 ...PETITIONER (BY MS. SARASWATHI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001 2. PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M.S.BUILDING, BENGALURU - 560 001 3. CHIEF EXECUTIVE OFFICER KARNATAKA RURAL ROAD DEVELOPMENT CORPORATION GRAMEENABHIVRUDDHI BHAVAN 3RD FLOOR, ANAND RAO CIRCLE BENGALURU - 560 009 4. EXECUTIVE ENGINEER PLANNING DIVISION KARNATAKA RURAL ROAD DEVELOPMENT CORPORATION BIDAR - 585 401 ...RESPONDENTS (BY SRI R.DEVDAS, PRINCIPAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR ORDER TO RESPONDENT NO.3 TO CONVERT 2 KMS OF ROUGH KACHCHA ROAD INTO A MOTORABLE ROAD FROM BHAVANI- BIJALAGAO TO SANGANALA CROSS OF AURAD (B) TALUKA OF BIDAR DISTRICT UNDER THE 'NAMMA GRAMA NAMMA RASTE' SCHEME DATED 07.09.2016 (ANNEXURE-C).
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. Heard. The prayer made in this public interest litigation reads as follows:
“a. Issue a Writ of Mandamus direct or order to the 3rd respondent for to convert 2 kms of rough kachch road into a motorable road from Bhavani-Bijalagao to Sanganala Cross of Aurad (b) taluka of Bidar district under the 'Namma Grama Namma Raste' scheme vide Annexure-C dated 7.9.2016.”
2. In response to this writ petition, the Executive Engineer, Project Division (PMGSY), RDPR, Bidar has filed his affidavit dated 18.08.2017. It is relevant to refer to para 3 of the affidavit which reads as follows:
“3. I respectfully submit that under “Namma Grama –Namma Raste Scheme’ the 3rd Respondent has already formed an all weather road between Bhavani-Bijalagao and Belkoni village. The said road is under the second year of maintenance. The 3rd Respondent-Agency takes up formation of roads and improvements of roads on a priority basis. The first priority will be to form an all weather road where there is no connectivity to villages from the main road. The Bhavani-Bijalgao village has already got connectivity by formation of all weather Road as stated above. What the Petitioner is asking is for another road which would not be a priority since there is already a connectivity established to the village. On the other hand, kachcha road i.e., existing could be taken up for improvement by the Zilla Panchayath if they have any Scheme under their project. Right now, there is no such Scheme under “Namma Grama-Namma Raste Scheme’ for the road in question. Hence, this Affidavit.”
In view of the above, the prayer made for the road is not tenable under the scheme.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE KSR