IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.2964 OF 2019 (GM-RES) BETWEEN:
Prasanna Kumar, S/o. Ravindra, Aged about 33 years, R/at Shushanth Nagar, Hesgal Post, Mugigere Taluk, Chikkamagaluru District – 577 132. (By Sri. A. S. Sandesh, Advocate) AND:
1. The State of Karnataka, Rep by its Principal Secretary, Public Works, Ports & IWT Department, M.S. Building, Bengaluru – 560 001.
2 Executive Engineer, PWD Chikkamagaluru Division, Near Azad Park, Belur Road, Chikkamagaluru – 577 101.
3. Assistant Executive Engineer, PWD 3rd Sub Division, Mudigere Taluk & Town, Chikkamagaluru – 577 132.
… Petitioner 4. Reliance JIO Infocomm Ltd, Rep by its Managing Director, RMZ Icon, No.51, Palace Road Cross, Vasanthanagar, Bengaluru – 560 052.
(By Sri. Y. D. Harsha, AGA for R1 to R3) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-3 to consider the representation made by petitioner which is marked at Annexure-D to stop the cable laying work which is going on by violating the terms of the permission letter.
This Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Sri. A.S. Sandesh, learned counsel for the petitioner.
Sri. Y.D. Harsha, learned AGA for the respondent Nos.1 to 3.
Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, petitioner interalia seeks a writ of mandamus directing respondent No.3 to consider the representation submitted by the petitioner.
3. When the matter was taken up today, learned counsel for the petitioner submitted that respondent No.4 obtained the licence for laying Optic Fiber Cable along Highways and roads throughout the State of Karnataka. It is further submitted that as per the terms and conditions of licence, the Optic Fiber Cable has to be laid atleast 6 meters from Asphalt edge of the road. It is alleged by the petitioner that respondent No.4 by violating the terms and conditions is laying down the Optic Fiber Cable between 3-5 feet from the asphalt edge of the road and is damaging the public road. It is also pointed out that the petitioner has submitted representation dated 04.01.2019 to respondent No.3, namely, Assistant Executive Engineer, Chikkamagaluru and the aforesaid authority be directed to decide the representation by a speaking order.
4. On the other hand, learned AGA, who has appeared on advance notice on behalf of respondent Nos.1 to 3 submits that suitable action will be taken in accordance with law after affording an opportunity of hearing to the petitioner and respondent No.4 as well.
5. In view of the aforesaid submission and in the facts of the case, writ petition is disposed of with a direction to respondent No.3 to consider and decide the representation submitted by the petitioner by a speaking order after affording an opportunity of hearing to the petitioner as well as to respondent No.4 within a period of four weeks 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 of the case.
Sd/- JUDGE Mds/-