IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.42975 OF 2016 (GM-RES) BETWEEN:
SRI C.V. RAMAIAH S/O. R. VENKATESHAPPA AGED ABOUT 65 YEARS R/AT NO.695, R.V. GARDEN PETECHAMANAHALLI KASABA HOBLI KOLAR TALUK AND DISTRICT-563 101. …PETITIONER (BY SRI PRABHAKARAIAH N.V., ADV. - ABSENT) AND:
1. THE EXECUTIVE DIRECTOR LANCO HOSAKOTE HIGH WAYS LTD. TOLL PLAZA, ADMINISTRATION BUILDING DODDA AMANIKERE VILLAGE KASABA HOBLI NH-4, HOSAKOTE TALUK HOSAKOTE-562 114.
2. THE PROJECT DIRECTOR NATIONAL HIGH WAY AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGH WAYS) SY.NO.13, 14TH, K.M. NAGASANDRA BANGALORE-TUMKUR ROAD (NH-4) BANGALORE-560 073.
3. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563 101. …RESPONDENTS (BY SRI Y.D. HARSHA, A.G.A. FOR R3; SRI R.V. NAIK, ADV. FOR R2;
SRI M. NARAYANA REDDY, ADV. FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND R2 TO CONSTRUCT THE DRAIN ON THE SIDE OF THE HIGH WAY NO.75 ON NORTHERN PORTION ADJACENT TO THE LAND OF THE PETITIONER FROM R.V. INTERNATIONAL SCHOOL TO MAIN DRAINAGE (RAJ KALUVE) PETECHAMANAHALLI, KOLAR.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appear for the petitioner.
Sri Y.D. Harsha, learned Additional Government Advocate for respondent No.3, Sri R.V. Naik, learned counsel for respondent No.2 and Sri M. Narayana Reddy, learned counsel for respondent No.1.
2. Heard the learned counsel for respondents on the question of admission and perused the records.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus to direct the respondents No.1 and 2 to construct the drain on the side of the Highway No.75 on northern portion, adjacent to the land of the petitioner from R.V. International School to main drainage (Raj Kaluve) Petechamanahalli, Kolar.
4. The National Highway Authority of India has filed its statement of objections. It is submitted that the area in question falls within the purview of Kolar Municipal Area and it is the duty of the Municipality to construct the drain.
5. In view of the aforesaid stand taken by the respondent No.2-National Highway Authority of India, I deem it appropriate to dispose of the writ petition with liberty to the petitioner to make a representation with regard to his grievance to the competent authority of the Kolar Municipality. Needless to state that, in case such a representation is submitted by the petitioner, the same shall be dealt with by the competent authority of the Kolar Municipality in accordance with law within a period of six weeks from the date on which the representation is submitted.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST