IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.18661 OF 2013 & 39185-39198 OF 2013 (GM-RES) BETWEEN:
1. MR NISAR AHMED KHAN AGED ABOUT 51 YEARS S/O ISMAIL KHAN.
2. SRI KIRTHI PRASAD M.A. AGED 61 YEARS S/O APPASWAMY.
3. SMT. KAMALAMMA AGED 74 YEARS W/O KASHIPATHI.
4. SRI M.V. KUMAR PRASAD S/O M.R. VENKATARAMANA SHETTY AGED ABOUT 45 YEARS.
5. SRI D.R. PARAMESH S/O D.J. RACHAPPA AGED ABOUT 45 YEARS.
6. SRI KASHIPATHI S/O SUBHAVADADI R.K. AGED ABOUT 80 YEARS.
7. SRI B.C. MURALIDHARA S/O CHANDRAMOULESHWARA AGED ABOUT 46 YEARS.
8. SRI B.C. BHAGAVAN S/O CHANDRAMOULESHWARA AGED ABOUT 53 YEARS.
9. SRI B.C. MOHAN S/O CHANDRAMOULESHWARA AGED ABOUT 50 YEARS.
10. SRI B.C. RAVI S/O CHANDRAMOULESHWARA AGED ABOUT 43 YEARS.
11. SRI RASHID KHAN S/O ISMAIL KHAN AGED ABOUT 53 YEARS.
12. SRI A.P. JOYAPPA S/O A.N. PUPAIYYA AGED ABOUT 57 YEARS.
13. SRI K.A. MONAPPA S/O K.D. APPAIAH AGED ABOUT 51 YEARS.
14. SMT. SHYLAJA PANDARIKAKSHA W/O PANDARIKAKSHA AGED ABOUT 51 YEARS.
15. SMT. NETRAVATHI S.H. W/O S.H. ESHA AGED ABOUT 30 YEARS REP. BY HER GPA HOLDER SRI S.C. HALAGAPPA.
ALL ARE R/O THYAGARAJ ROAD @ MARKET ROAD, KUSHALANAGAR-571234 SOMWARPET TALUK, KODAGU DISTRICT-571231.
… PETITIONERS (BY SMT. BHARATHI M, ADV., FOR SRI. VENKATESH R. BHAGAT, ADV.,) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT VIDHANA SOUDHA BANGALORE 560001.
2. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MADIKERI-571234.
3. THE MANAGING DIRECTOR KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, BANGALORE 560052.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 & R2 SRI. SREENIDHI V, ADV., FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE RESPONDENTS NO.1 TO 3 DEMOLISHING THE SCHEDULE PROPERTY BELONGING TO THE PETITIONERS MOREFULLY DESCRIBED VIDE ANNEXURE-A, A1 TO A13. DIRECT THE RESPONDENTS TO FOLLOW THE PROCEDURE PRESCRIBED UNDER LAW BEFORE DOING ANY ACT OF VIOLATION OF FUNDAMENTAL RIGHTS GUARANTEED TO THE PETITIOENRS UNDER THE CONSTITUTION OF INDIA IN SO FAR AS THE RESPECTIVE PROPERTIES OF THE PETITIONERS ARE CONCERNED AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Bharathi.M, learned counsel for Sri.Venkatesh R.Bhagat, learned counsel for the petitioners.
Smt.Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 and 2.
Sri.Sreenidhi V, learned counsel for respondent No.3.
In these petitions, the petitioners have prayed for the following reliefs:
“a) Issue a writ of mandamus or any other writ restraining the Respondent NO.1 to 3 demolishing the Schedule Property belonging to the petitioners more fully described under Annexure A, A1 to A13 to the writ petition.
b) Issue a writ of mandamus or any other writ directing the Respondents to follow the procedure prescribed under law before doing any act of violation of fundamental rights guaranteed to the petitioners under the Constitution of India in so far as the respective properties of the petitioners are concerned.”
2. When the matter was taken up today, learned counsel for respondent No.3 submitted that respondent No.3 has not acquired any property belonging to the petitioners and the road has already been constructed.
3. The aforesaid submission is taken on record.
In view of the aforesaid, nothing survives for adjudication in these petitions. Accordingly, the writ petitions are dismissed as having become infructuous.
Sd/- JUDGE dn/-