IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.10028 OF 2019 & WRIT PETITION NO.11266 OF 2019 (GM-RES) BETWEEN:
SRI.BHYROJI RAO S/O LATE MAHADEVA RAO AGED ABOUT 71 YEARS NO.2274, 2ND MAIN, 18TH CROSS HEBBAL II STAGE MYSURU – 570 017 … PETITIONER (BY SRI.B.L.SANJEEV, ADV.,) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO MINOR IRRIGATION AND GROUND WATER DEPARTMENT, VIKASA SOUDHA BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU – 570 001 3. THE MANAGING DIRECTOR KAVERI NEERAVARI NIGAMA LTD., SURFACE WATER DATA CENTRE BUILDING, 3RD & 4TH FLOOR ANANDA RAO CIRCLE BENGALURU – 570 009 ...RESPONDENTS (BY SRI.Y.D.HARSHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 28.01.2019, 25.01.2019 AND 25.01.2019 SUBMITTED TO THEM BY THE PETITIONER, VIDE ANNEXURES – K, K1 & K2 RESPECTIVELY AND TO TAKE APPROPRIATE ACTION TO RE-ALIGN THE MINOR CANAL PASSING THROUGH THE SCHEDULE PROPERTIES WITH THE CULVERT EXISTING IN THE ADJACENT GOVERNMENT LAND, VIDE ANNEXURE – J.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. B.L.Sanjeev, learned Counsel for the petitioner.
Mr. Y.D.Harsha, learned Additional Government Advocate for the respondents.
With the consent of learned Counsel for the parties, these matters are heard finally.
2. In these writ petitions, the petitioner, inter alia, seeks a direction to the respondents to consider the representations dated 28.01.2019, 25.01.2019 and 25.01.2019 vide Annexures K, K1 and K2 to the writ petitions, submitted to respondent No.3 and to take an appropriate action to re-align the minor canal passing through the schedule properties with the culvert existing in the adjacent Government land.
3. When the matter was taken up for hearing, learned counsel for the petitioner submitted that the writ petitions be disposed of by giving directions to respondent No.3 to decide the aforesaid representations submitted by the petitioner in a speaking order.
4. Learned Additional Government Advocate submitted that the suitable action in accordance with law shall be taken.
5. In view of the submissions and in the facts of the case, these writ petitions are disposed of with a direction to respondent No.3 to consider and decide the representations dated 28.01.2019, 25.01.2019 and 25.01.2019 vide Annexures K, K1 and K2 to the writ petitions, submitted by the petitioner by a speaking order, in accordance with law, within a period of three months from the date of receipt of the certified copy of this order.
It is made clear that this Court has not expressed any opinion on the merits of the case of the petitioner.
Accordingly, the Petitions are disposed of.
Sd/- JUDGE cp*