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.23011-23026 OF 2018 (GM-RES) BETWEEN:
1. H S KRISHNA MURTHY S/O SEEBHAYYASHETTY AGED ABOUT 58 YEARS HOUSE NO.254, AJJAMPURA TARIKERE TALUK CHIKMAGALUR-577 547.
2. B V MANJAPPA S/O SRI B N VEERAPPA AGED ABOUT 54 YEARS WARD NO.4, T H ROAD, AJJAMPURA TARIKERE TALUK CHIKKAMAGALUR-577 547.
3. SMT BASAMMA W/O SRI M SIDDAPPA AGED ABOUT 45 YEARS # NO.624, SRIRAMA ROAD AJJAMPURA, TARIKERE CHIKKAMAGALURU-577547.
4. SMT H A VINODAMMA W/O LATE ANANTHA SHETTY AGED ABOUT 55 YEARS NO.318, WARD NO.2 THYAGARAJA EXTN., TARIKERE TALUK CHIKMAGALUR-577547.
5. SRI R MANJUNATH S/O SRI RAMAKRISHNA AGED ABOUT 40 YEARS NO.816, T H ROAD AJJAMPUR, TARIKERE CHIKKAMAGALUR-577547.
6. SRI G M LINGARAJU S/O LATE G K MAHADEVAPPA AGED ABOUT 66 YEARS GEJJEGONDANAHALLI TARIKERE TALUK CHIKKAMAGALUR-577547.
7. SRI E S NAGARAJU S/O LATE E R SHIVALINGAPPA AGED ABOUT 65 YEARS WARD NO.2, AMBEDKAR BADAVANE AJJAMPUR, TARIKERE TALUK CHIKMAGALURU-577547.
8. SRI M YOGARAJ S/O LATE MARULASIDDAPPA AGED ABOUT 56 YEARS WARD NO.2 AMBEDKAR BADAVANE AJJAMPUR, TARIKERE TALUK CHIKKAMAGALUR-577547.
9. SRI R VASANTHKUMAR S/O RAMESHAPPA AGED ABOUT 51 YEARS 8151 SHIVAJI ROAD, AJJAMPURA TARIKERE TALUK CHIKKAMAGALUR-577547.
10. SRI R MANJUNATH S/O LATE M S RUDRAPPA AGED ABOUT 54 YEARS WARD NO.2 THYAGARAJ BADAVANE AJJAMPURA CHIKKAMAGALUR-577547.
11. SRI N C SATHISH S/O LATE RUDRAPPA N C AGED ABOUT 51 YEARS SHARBESHWAR TRADERS T H RASTE, AJJAMPURA TARIKERE TALUK CHIKKAMAGALUR-577547.
12. SRI S R VENKATESH S/O SRI SANNARUDRAPPA AGED ABOUT 56 YEARS SHIVAJI ROAD, AJJAMPURA TARIKERE TALUK CHIKKAMAGALUR-577547.
13. SRI S R THIPPESWAMY S/O LATE SANNARUDRAPPA AGED ABOUT 63 YEARS R/O SRI SRINIVASA NILAYA SRIRAM ROAD, OPP GIRLS SCHOOL WARD NO.3, AJJAMPURA TARIKERE TALUK CHIKKAMAGALUR-577547.
14. SMT PREMA JANARDHAN RAO W/O SRI JANARDHAN RAO AGED ABOUT 68 YEARS WARD NO.5, NEHRU ROAD AJJAMPURA, TARIKERE TALUK CHIKKMAGALURU-577547.
15. SRI H G SHASHIKUMAR S/O H C GURUSIDDAPPA AGED ABOUT 57 YEARS WARD NO.2, AMBEDKAR BADAVANE TARIKERE TQ, AJJAMPURA CHIKKAMAGALUR-577 547.
16. SRI S RAJASHEKARAPPA S/O LATE SIDDALINGAPPA AGED ABOUT 68 YEARS WARD NO.2, BASAVESHWARA BADAVANE AJJAMPURA, TARIKERE TALUK CHIKKAMAGALUR -577547.
… PETITIONERS (BY MR. S.P. KULKARNI, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PUBLIC WORKS VIDHANA SOUDHA BENGALURU-560 001.
2. THE CHIEF EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT GOVERNMENT OF KARNATAKA BENGALURU-560 001.
3. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT TARIKERE TALUK-577547 CHIKKAMAGALUR DISTRICT.
4. THE GRAM PANCHAYATH AJJAMPURA TARIKERE TALUK-577457 CHIKKAMAGALUR DISTRICT.
(BY MR. Y.D. HARSHA, AGA FOR R1 TO R3 R4 SERVED AND UNREPRESENTED) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS HEREIN TO CONSTRUCT OR PUT UP ROAD UPTO 10 METERS (33 FEET) FROM THE CENTER OF THE ROAD ON BOTH SIDE OF TARIKERE TO DHARMAPURA STATE HIGHWAY AT AJJAMPUR (TQ) DIST: CHIKKAMAGALUR AND NOT TO DEVIATE FROM THE ORIGINAL PLAN/SANCTION PLAN FOR THE CONSTRUCTION OF THE ROAD AS PER THE RESOLUTION DTD: 28.7.2017 FOUND AT ANNEXURE-D SO FAR AS THE PETITIONERS ARE CONCERNED & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these petitions, the petitioners inter alia seeks a direction to the respondents to consider the representation submitted by the petitioners contained in Annexure-F and to take suitable action in accordance with law.
4. Accordingly, I deem it appropriate to dispose of the writ petitions with a direction that suitable action on the representation submitted by the petitioners, if not already decided shall be taken in accordance with law by the competent authority by a speaking order within four 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. Till the representation is decided, ad-interim order dated 24.05.2018 granted by a bench of this court shall continue.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS