IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.44696 OF 2017 (LB-RES) PIL BETWEEN:
1. SRI BASAPPA S/O DYAVAPPA ARESHANAKAR AGED ABOUT 48 YEARS OCC: BUSINESS, R/O VIDYA NAGAR MUDDEBIHAL VIJAYAPURA DISTRICT.
2. SRI SOMSHEKHAR S/O PARAMANNA CHIRALADINNI AGED ABOUT 53 YEARS OCC: AGRICULTURE, R/O HUDCO COLONY MUDDEBIHAL VIJAYAPURA DISTRICT.
3. SRI RAMANAGOUDA S/O SIDDANAGOUDA PATIL AGED ABOUT 48 YEARS OCC: BUSINESS, R/O VIDYA NAGAR MUDDEBIHAL VIJAYAPURA DISTRICT.
4. SRI GOUDAPPA S/O HANAMAPPA CHAVANBHAVI AGED ABOUT 45 YEARS OCC: EX-SERVICEMAN R/O VIDYA NAGAR MUDDEBIHAL VIJAYAPURA DISTRICT.
5. DODAPPA S/O LALAPPA RATHOD AGED ABOUT 46 YEARS OCC: EX-SERVICEMAN R/O NEBAGERI TANDA MUDDEBIHAL TALUK VIJAYAPURA DISTRICT.
6. SRI REVANEPPA S/O RANGAPPA HARIJAN AGED ABOUT 58 YEARS OCC: AGRICULTURE R/O NETAJI GALLI AMBEDKAR COLONY MUDDEBIHAL TALUK VIJAYAPURA DISTRICT.
7. BASAYYA S/O MUCHAKHANDAYYA NANDIKESHWARAMATH AGED ABOUT 46 YEARS OCC: BUSINESS R/O VIJAYAPURA ROAD BEHIND TMC, MUDDEBIHAL VIJAYAPURA DISTRICT.
8. SRI RAJASHEKHAR S/O SHARANABASAPPA HOLI AGED ABOUT 35 YEARS R/O SANGAMESHWARNAGARA (TANGADAGI ROAD) MUDDEBIHAL, VIJAYAPURA DISTRICT.
... PETITIONERS (BY SRI SHIVAYOGESHA SHIVAYOGIMATH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF URBAN AND RURAL DEVELOPMENT M.S. BUILDING BENGALURU – 560 001.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION 9TH FLOOR, V.V. TOWERS BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER VIJAYAPURA VIJAYAPURA DISTRICT – 586 101.
4. THE CHIEF OFFICER TOWN MUNICIPALITY MUDDEBIHAL VIJAYAPURA DISTRICT – 586 212.
... RESPONDENTS (BY SRI D. NAGARAJ, AGA FOR R1-R3) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 NOT TO CONSTRUCT THE COMMERCIAL COMPLEX OR SHOPS UPON THE SACRED SAINIK GROUND, SITUATED OPPOSITE TO OLD TAHSILDAR OFFICE, MUDDEBIHAL, VIJAYAPURA DISTRICT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER This petition is filed by petitioners of Muddebihal Taluk seeking a direction to respondent No.4, Town Municipality, Muddebihal, Vijayapura District, not to construct a proposed commercial complex.
2. Sri D. Nagaraj, learned AGA for respondents No.1 to 3, on instructions, submits that the commercial complex is under construction. He has produced a map and submits that the Sainik Maidan, of which the petitioners are seeking conservation of, is not disturbed. He further submits that from main road, there is ingress and egress through the ‘office road’.
3. The apprehension of learned advocate for the petitioners is that if the commercial complex is completed, public may use the Sainik Maidan for parking purpose.
4. Admittedly, the land belongs to the Town Municipality. The map shows that in one corner of the land belonging to the Municipality, commercial complex is being built. The map also shows that the Sainik Maidan has remained untouched and there is a connecting road which leads to Sainik Maidan. Thus, ingress and egress is also not disturbed. In the circumstances, we see no ground to interfere in this writ petition filed in public interest.
5. Resultantly, this petition fails and it is accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca