IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.19407 OF 2015 (GM-RES) BETWEEN:
1. SRI DODDAMADAIAH S/O MADAIAH AGED ABOUT 62 YEARS 2. SMT.JAYAMMA W/O DODDAMADAIAH AGED ABOUT 52 YEARS BOTH ARE R/O M.KEBBEHUNDI VILLAGE T.NARASIPUR TALUK MYSORE DISTRICT-571 124 … PETITIONERS (BY MR.DAYANAND S PATIL, ADV.) AND:
1. THE UNION OF INDIA DEPARTMENT OF SURFACE TRANSPORT BY ITS SECRETARY TRANSPORT BHAVAN & SANSAD MARG NEW DELHI-110 001 2. THE NATIONAL HIGHWAY AUTHORITY OF INDIA BY IT CHIEF GENERAL MANAGER, K.R.CIRCLE BENGALURU-560 001 3. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS PORTS & INLAND WATER TRANSPORT BY ITS SECRETARY VIKASA SOUDHA, BENGALURU-560 001 4. THE STATE OF KARNATAKA DEPARTMENT OF FOREST ENVIRONMENT & ECOLOGY BY ITS SECRETARY M.S.BUILDING, BENGALURU-560 001 5. THE CHIEF ENGINEER COMMUNICATION & BUILDING (SOUTH) PUBLIC WORKS DEPARTMENT K.R.CIRCLE, BENGALURU-560 001 6. THE CHIEF CONSERVATOR OF FOREST MYSORE DISTRICT, ARANYA BHAVAN MYSORE-570 001 7. THE DEPUTY COMMISSIONER OF MYSORE MYSORE-570 001 8. THE ASSISTANT COMMISSIONER MYSORE DIVISION, MYSORE-570 001 9. THE TAHSILDAR T.NARASIPUR TALUK MYSORE-571 124 … RESPONDENTS (BY MR.Y.D.HARSHA, ADDITIONAL GOVERNMENT ADVOCATE FOR R-3 TO R-9 SRI B.V.PRAKASH ANGADI, CGC FOR R-1 R-2 SERVED & UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PAY COMPENSATION TO THE PETITIONERS AS PRAYED IN ANNEXURE-F1 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Dayanand S. Patil, learned counsel for the petitioners.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.3 to 9.
Mr.B.V.Prakash Angadi, learned Central Government Counsel for respondent No.1.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioners inter alia seeks a direction to the respondents to consider the representation submitted by the petitioners contained in Annexure-F1.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the representation submitted by the them shall be considered. On the other hand, learned counsel for the respondent submitted that the same shall be dealt with in accordance with law if not already decided.
5. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to decide the representation submitted by the petitioners, if not already decided in accordance with law by a speaking order within three months 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.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS