IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.58241/2018 (GM-RES) PIL BETWEEN:
GURUNATH VADDE S/O VAIJINATH RAO AGED ABOUT 51 YEARS OCCUPATION: SOCIAL WORKER R/A # 14, SANTHOSH COLONY AURAD (B) TALUKA DISTRICT – 585 401 ... PETITIONER (BY SMT : SARASWATHI, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER BIDAR DISTRICT BIDAR – 585 401 3. THE ASSISTANT COMMISSIONER BIDAR SUB DIVISION BIDAR – 585 401 (RESPONDENTS NO.1 & 2 DELETED VIDE ORDER DATED 21.03.2019) ... RESPONDENTS (BY SRI.UDAYA HOLLA, ADVOCATE GENERAL A/W SRI. S.H.PRASHANTH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT OR ORDER TO THE R-2 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER. THE STUDENTS OF GOVERNMENT FIRST GRADE COLLEGE ARE STUDYING IN AN OPEN SPACE, BENEATH THE TREE. EVEN AFTER LAPSE OF 4 YEARS OF CONSTRUCTION OF NEW BUILDING THERE IS NO ROAD FOR THE CONVENIENCE OF THE STUDENTS. JUDICIAL ENQUIRY SHOULD BE CONDUCTED IN VIOLATION OF HUMAN RIGHTS, MIS-USE OF POWER BY THE CONCERNED. AND IMMEDIATE FORMATION OF ROAD TO THE SAID COLLEGE FOR THE FUTURE OF THE STUDENTS, VIDE ANNX-T DTD. 20.12.2018.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J, MADE THE FOLLOWING:
O R D E R The petitioner has filed this writ petition as public interest litigation with a prayer to direct the second respondent to consider petitioner’s representation.
2. In substance, petitioner’s case is that first grade college has been constructed without any access road. Though the building has been constructed in the year 2017, for want of access the building has not been put to proper use and as such, the college is not functioning.
3. Sri S. Udaya Holla, learned Advocate General submitted that indeed there exists a road. However, certain private parties were objecting for thoroughfare claiming that six guntas of land in the thoroughfare belonged to them. The District Administration will resolve the dispute by entering into amicable settlement with the owners and the acquisition process will complete in due course. He assured the Court that action will be taken to provide access as expeditiously as possible.
4. In view of the submission of the learned Advocate General, it is unnecessary to continue proceedings in this public interest litigation. Recording the assurance of learned Advocate General, this writ petition is disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE nm