IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.3605 OF 2018 (GM-RES) BETWEEN:
SRI CHIKKAMUNIYAPPA SON OF LATE NAGAPPA AGED ABOUT 55 YEARS RESIDING AT SRIRAMANAHALLI HESARAGHATTA HOBLI, BANGALORE NORTH TALUK – 563101. … PETITIONER (By Mr. SUBRAMANYA H V, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS PORT & INTERNAL WATER WAYS VIDHANA SOUDHA BANGLAORE - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED NO 6/J MILLERS TANK BED AREA THIMMAIAH ROAD CROSS BENGALURU - 560052 REP : BY ITS CHIEF ENGINEER CUM SPECIAL LAND ACQUISITION OFFICER. … RESPONDENTS (By Mr. Y D HARSHA AGA FOR R1 Mr. MANU K, ADV. FOR Mr. AJAY J NADALIKE, ADV. FOR R2) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-2 Karnataka Road Development Corporation Ltd., to consider the petition/objections filed as per Annexure-F, by the petitioner for stopping The Project work of forming curved road on the land of 2 guntas belonged to the petitioner in survey number -24 of Sriramanahalli Village, Hesaraghatta Hobli, Bangalore North Taluk, in accordance with law, and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Subramanya H.V., learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent No.1.
Sri.Manu K., learned counsel for Sri.Ajay J.Nandalike, learned counsel for the respondent No.2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
1) ISSUE a Writ of Mandamus, directing the Respondent No.2 Karnataka Road Development Corporation Ltd., to consider the petition/Objections files as per Annexure-F, by the Petitioner for stopping the Project work of forming Curved road on the land of 2 guntas belonged to the petitioner in Survey Number-24 of Sriramanahalli village, Hesaragatta Hobli, Bangalore North Taluk, in accordance with law;
2) Issue any other appropriate Writ, Order of Direction as this Hon’ble Court deems fit to grant under the facts and circumstances of the case, to meet the ends of justice and equity.
4. After hearing the learned counsel for the parties and in the fact situation of the case, I deem it appropriate to dispose of the petition with a direction to the respondent No.2 to consider and decide the representation submitted by the petitioner within a period of one week 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 claim of the petitioner. It is also made clear that in case the representation submitted by the petitioner is rejected, he shall be at liberty to take recourse to such remedy as may be available to him under the law.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV