IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.34478/2018 & 41114-41115 OF 2018 (GM-RES) BETWEEN:
1. M. D. CHANDRASHEKAR AGED ABOUT 74 YEARS, S/O. DASAPPA. K, EX-CHAIRMAN, CENTRAL RELIEF COMMITTEE, GOVT. OF KARNATAKA, R/A NO. 16, 3RD CROSS, DEVAPPA GARDEN, RAJA MAHAL VILLAS, 2ND STAGE, NAGASHETTI HALLI, BANGALORE-560 049.
2. B. C. ADARSHA S/O. M. D. CHANDRASHEKAR, AGED ABOUT 46 YEARS, R/A NO. 16, 3RD CROSS, DEVAPPA GARDEN, RAJA MAHAL VILLAS, 2ND STAGE, NAGASHETTI HALLI, BANGALORE-560 049.
3. S. PUSHPA W/O. B. C. ADARSHA, AGED ABOUT 46 YEARS, R/A NO. 16, 3RD CROSS, DEVAPPA GARDEN, RAJA MAHAL VILLAS, 2ND STAGE, NAGASHETTI HALLI, BANGALORE-560 049.
… PETITIONERS (BY MR. VISHNU HEGDE, ADV.) AND:
1. THE CHIEF SECRETARY GOVT. OF KARNATAKA, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BANGALORE-560 001.
2. SRI. THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT (INLAND WATER WAYS) GOVT. OF KARNATAKA, M.S. BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560 001.
3. THE SECRETARY OF GOVT.
URBAN DEVELOPMENT DEPARTMENT, GOVT. OF KARNATAKA, M.S. BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560 001.
4. THE PRINCIPAL SECRETARY HORTICULTURAL DEPARTMENT, GOVT. OF KARNATAKA, M.S. BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560 001.
5. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, NARASHIMA RAJA ROAD, BANGALORE-560 002.
… RESPONDENTS (BY MR. Y.D. HARSHA, AGA FOR R1 TO R4 T.M. VENKATA REDDY FOR R5) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 14.2.18 I.E., ANNEXURE-A AND DIRECT THE RESPONDENTS TO PAY COMPENSATION FOR SUM OF RS.3 CRORES TO THE PETITIONERS FOR THE REASONS STATED ABOVE IMMEDIATELY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Vishnu Hegde, learned counsel for the petitioners.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.1 to 4.
2. The writ 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 seeks a direction to the respondents to consider the representation dated 14.02.2018 contained in Annexure-A submitted by the petitioners and direct the respondents to pay compensation for sum of Rs.3 Crores to the petitioners.
4. When the matters were taken up today, learned counsel for the petitioners submitted that the representation submitted by them shall be considered. On the other hand, learned counsel for the respondents submitted that the same shall be dealt with in accordance with law if not already decided.
5. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to decide the representation submitted by the petitioner, if not already decided in accordance with law 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.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS