IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.19055-19056 OF 2019 (GM-RES) BETWEEN:
1. H. NAGARAJ AGED 63 YEARS S/O LATE MR. N. HANUMANTHAPPA R/AT. No.655, 13TH CROSS, 27TH MAIN H.S.R. LAYOUT I SECTOR BENGALURU-560102.
2. N. VISHWANATH S/O MR. H. NAGARAJ AGED ABOUT 30 YEARS R/AT. No.655, 13TH CROSS 27TH MAIN, H.S.R. LAYOUT I SECTOR BENGALURU-560102 REP. BY HIS SPECIAL POWER OF ATTORNEY HOLDER MR. H. NAGARAJ.
(By Smt. LAKSHMI MENON, ADV., FOR Sri. K.J. KAMATH & ASSTS., ADVS.,) AND:
1. STATE OF KARNATAKA REP. BY ITS ADDL. CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU.
… PETITIONERS 2. BANGALORE INTERNATIONAL AIRPORT AAREA PLANNING AUTHORITY (BIAAPA) No.331/1, 1ST FLOOR V.J. COMPLEX, SULIBELE ROAD DEVENAHALLI TOWN BANGALORE RURAL DISTRICT BANGALORE-562110 REP. BY ITS MEMBER SECRETARY.
3. AVATHI GRAMA PANCHAYAT DEVAHALLI TALUK BENGALURU RURAL DISTRICT KARNATAKA 562110 REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER.
4. NATIONAL HIGHWAYS AUTHORITY OF INDIA REGIONAL OFFICE, SY. No.13, 14TH KM NEAR DEEPAK BUS STOP NAGASANDRA, M.S. RAMAIAH ENCLAVE BENGALURU-TUMKUR ROAD (NH-4) BENGALURU-560073 REP. BY ITS GM (T) AND PROJECT DIRECTOR.
… RESPONDENTS (By Mr. Y.D. HARSHA, AGA) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO CONSIDER THE APPLICATION No.3722 DTD:23.10.2018 FILED BY THE PETITIONERS BEFORE THE R2 (ANNEXURE-A) THE REPRESENTATION OF THE PETITIONERS DTD:12.2.2019 ADDRESSED TO THE R2 (ANNEXURE-B) AND REPRESENTATION OF THE PETITIONERS DTD:26.3.2019 ADDRESSED TO THE R-1 (ANNEXURE-C) AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW, WITHIN A PERIOD OF TEN DAYS OF ISSUING A WRIT OF MANDAMUS AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Lakshmi Menon, learned counsel for Sri.K.J.Kamath and Associates, learned counsel for the petitioners.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent No.1.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent Nos.2 to 4.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seek for a direction to the respondents to consider the application dated 23.10.2018 submitted by the petitioner which is pending consideration before the respondent No.2 to set up a petrol pump.
4. After hearing the learned counsel for the petitioner and in the facts of the case, the petitions are disposed of with a direction to the respondent No.2 to consider and decide the application submitted by the petitioner by a speaking order within two months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Sd/- JUDGE RV