IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56144 OF 2017 (GM-RES) BETWEEN:
SRI. GURU REDDY, S/O. CHINNA REDDY, AGED ABOUT 65 YEARS, R/AT BHAKTIPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT – 560 171.
… PETITIONER (BY SRI. SHIVARAMA A., ADV.) AND:
1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU -560 001.
3. THE MEMBER SECRETARY, SATELLITE TOWN RING ROAD, PROJECT AUTHORITY AND THE METROPOLITAN REGION DEVELOPMENT AREA DIRECTOR, BANGALORE METROPOLITAN DEVELOPMENT AUTHORITY, NO.1, ALI ASGAR ROAD, BENGALURU - 560 052.
4. THE TAHSILDAR ANEKAL TALUK, ANEKAL - 560 070.
5. SRI. THIMMARAYAPPA S/O T. MUNIYAPPA, R/AT BHAKTIPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 560 102.
6. SRI. S. VENUGOPAL, S/O A. SHAMAPPA REDDY, R/AT NO.184, 27TH MAIN, 19TH CROSS, 2ND SECTOR, H.S.R. LAYOUT, BENGALURU - 560 102.
… RESPONDENTS (BY SRI. Y. D. HARSHA, AGA FOR R1, R2 & R4; SRI. YOGESH D. NAIK, ADV FOR R3;
SRI. BASAVARAJ S. SAPPANNAVAR ADV FOR R6.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO R4 TO CONSIDER THE VARIOUS REPRESENTATIONS MADE BY THE PETITIONER AS PER ANNX-E DIRECTING THE R-6 TO LEAVE ACCESS/ROAD TO REACH THE LAND OF THE PETITIONER IN SY.NO.85/1 OF BHAKTIPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, WHERE THE PETITIONER HAS CONSTRUCTED FARM HOUSE AND DWELLING ALONG WITH ALL THE FAMILY MEMBERS AND ALSO CARRYING ON AGRICULTURAL OPERATIONS TO EKE OUT HIS LIVELIHOOD AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Shivarama A., learned counsel for the petitioner.
Sri. Y. D. Harsha, learned Additional Government Advocate for respondent Nos.1, 2 and 4.
Sri. Yogesh D. Naik, learned counsel for respondent No.3.
Sri. Basavaraj S. Sappannavar, learned counsel for respondent No.6.
In this petition, the petitioner inter alia has prayed for the following reliefs:
“a) Issue a writ in the nature of mandamus directing respondent Nos.1 to 4 to consider the various representations made by the petitioner as per Annexure-E directing respondent No.6 to leave access/road to reach the land of the petitioner in Sy.No.85/1 of Bhaktipura Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District, where the petitioner has constructed farm house and dwelling along with all the family members and also carrying on agricultural operations to eke out his livelihood; and b) Pass any other order or orders as this Hon’ble Court may be pleased to pass on the facts and circumstances of the above case including the cost of this petition, in the interest of justice and equity.”
2. When the matter was taken up today, learned Additional Government Advocate for respondent Nos.1, 2 and 4 submitted that the petitioner has already filed a civil suit in O.S.No.460/2017 with regard to his grievance.
3. In view of the aforesaid submission, writ petition is disposed of with liberty to prosecute the remedy of the civil suit, which he has already availed of.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid direction, the petition is disposed of.
Sd/- JUDGE Mds/-