IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.2239 OF 2016 (GM-RES) BETWEEN:
RAVINDRA PAI, SON OF PRABHAKAR PAI, AGED ABOUT 42 YEARS, RESIDING AT AMBAGILU IN UPPUNDA VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT – 576 232. (BY SRI. R.G.HEGDE, ADV.) AND:
1. THE STATE OF KARNATAKA, BY ITS SECRETARY, PWD, 3RD FLOOR, VIDHANA SOUDHA, BANGALORE – 560 001.
2. SUPERINTENDING ENGINEER PWD MANGALORE CIRCLE, MINI SOUDH, 1ST FLOOR, NEAR NEHARU GRAND, HAMPANKATTE, MANGALORE – 575 001.
3. EXECUTIVE ENGINEER, PUBLIC WORKS PORTS & INLAND WATER TRANSPORT … PETITIONER DEPARTMENT, MANGALORE CIRCLE, UDUPI DIVISION, UDUPI – 566 101.
4. ASSISTANT EXECUTIVE ENGINEER, PWD NO.2, SUB – DIVISION, KUNDAPUR TALUK, UDUPI – 576 101.
(BY SRI. Y.D.HARSHA, AGA) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS, DIRECT THE RESPONDENTS TO PROVIDE STORM WATER DRAIN AND FOOTPATH TO AMBAGILU PETE MAIN ROAD STARTING FROM SHALABAGILU CROSS TO KAWCHIKAN CROSS OF UPPUND VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT LIMITING THE WIDTH OF THE ROAD TO 3.30 METER BY THE ISSUE OF A WRIT OF MANDAMUS SUCH OTHER WRIT ORDER OR DIRECTION AS IN CIRCUMSTANCES AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. R.G. Hegde, learned Counsel for the petitioner.
Mr. Y.D. Harsha, learned Government Advocate for the respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, has prayed for a direction to the respondents to provide storm water drain and footpath to Ambagilu Pete Main Road starting from Shalabagilu Cross to Kanchikan Cross of Uppound Village, Kundapur Taluk, Udupi District.
3. When the matter was taken up today, Mr.
Y.D. Harsha, learned Additional Government Advocate submits that the writ petition has been rendered infructuous as relief prayed for by the petitioner has already been granted and the storm water drain and footpath, both have already been constructed.
4. The aforesaid statement is taken on record.
Accordingly, writ petition is dismissed as infructuous.
Sd/- JUDGE AN/-