IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.56707/2017 (GM-RES-PIL) BETWEEN:
1. SRI MANJUNATH VISHWANTH LUTIMATH S/O VISHWANTH LUTIMATH AGED ABOUT 36 YEARS 2. SMT GEETA NARASHIMAMURTHY DHULE W/O NARASIMHA MURTHY DHULE AGED ABOUT 59 YEARS 3. SRI CHANNAPPA BASAPPA KADBIN S/O BASAPPA KADBIN AGED ABOUT 32 YEARS 4. SRI AMIT PRATHAPA S/O PRATHAPPA AGED ABOUT 30 YEARS 5. RAVINDRA R.P S/O PARUSHRAM H AGED ABOUT 58 YEARS 6. SRI MOHAMMED GOSH S/O MOHAMMAD HANIF MULLA AGED ABOUT 59 YEARS 7. SRI ABUDUL KHADHAR BELLARY S/O KHADHAR SAB AGED ABOUT 48 YEARS 8. SRI BASIR AHMED MULLA S/O MOHAMMED HANIF MULLA AGED ABOUT 46 YEARS 9. SRI SHAFI MULLA S/O MAHAMMED MULLA AGED ABOUT 55 YEARS 10. SRI ALLI SABA S/O CHAMANA SAB AGED ABOUT 50 YEARS 11. SRI ZAKEER HUSAIN S/O MOHAMMED HUSAIN AGED ABOUT 34 YEARS 12. SRI A.M.KACHI S/O MOHAMMED AGED ABOUT 55 YEARS 13. SRI GOSIYA SUDARJI W/O SUDARJI AGED ABOUT 42 YEARS 14. SRI MALLIKJAN ALLABAK SHEAK S/O ALLABAK SHEAK AGED ABOUT 35 YEARS 15. SRI ABHAY G GANJAL S/O GURU SIDDAPPA AGED ABOUT 41 YEARS 16. L.K.PRAKASH S/O KARIYAPPA AGED ABOUT 36 YEARS 17. SUJITH S SHIVAMATTA S/O SHIVAMURTHIAH SHIVAMATTA AGED ABOUT 28 YEARS ABOVE MENTIONED PETITIONER NOS.1 TO 17 ARE RESIDING AT MANTUR ROAD HUBLI TALUK, DHARWAD DISTRICT DHARWAD-580 023 ...PETITIONERS (BY SRI ANIL BABU C, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT DEPARTMENT, VIKAS SOUDHA DR.AMBEDKAR VEEDI, BENGALURU-560 001 2. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT COMMUNICATIONS AND BUILDING (NORTH) SIR.M.V.MARG, DHARWAD-580 008 3. SUPERINTENDING ENGINEER NH DHARWAD CIRCLE DC COMPOUND DHARWAD DISTRICT DHARWAD-580 008 4. EXECUTIVE ENGINEER P.W.PORTS AND I.W.T DEPARTMENT AKASHVANI ROAD, DHARWAD DIVISION DHARWAD-580 008 5. ASSISTANT EXECUTIVE ENGINEER P.W.PORTS AND I.W.T DEPARTMENT SUB-DIVISION-HUBLI, HUBLI TALUK HUBLI-580 029 6. THE COMMISSIONER HUBLI DHARWAD AND MUNICIPAL CORPORATION OFFICE SIR SIDDAPPA KAMBLI ROAD HUBLI TALUK, HUBLI-580 020 7. THE TAHSILDAR TAHSILDAR OFFICE, NEAR GOKUL ROAD HUBLI TALUK, HUBLI-580 001 8. SRI S.B.DUNDIGOWDA CLASS 1 CONTRACTOR MAJOR, BANNUR POST SHIGGAON TALUK, HAVERI DISTRICT-581 205 9. SRI ABBAYYA PASAD MEMBER OF LEGISLATIVE ASSEMBLY (MLA) HUBLI-DHARWAD-EAST, MAJOR OFFICE AT NO.79, DHANALAKSHMI NILAYA MADHURA PARK, BEHIND SANTHOSH NAGAR HUBLI-580 032 …RESPONDENTS (GOVERNMENT ADVOCATE-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 7 TO REMOVE/DEMOLISH THE CONSTRUCTION AND DEVELOPMENT OF WATER GUTTER / DRAINAGE (I.E., THE WORK UNDER PROGRESS) WALL IN THE MANTUR MAIN ROAD, HUBLI TALUK, DHARWAD DISTRICT HENCE FORTH AND THE HEIGHT OF THE DRAINAGE WALL TO BE REDUCED TO THE GROUND LEVEL I.E., TO THE LEVEL OF THE DRAINAGE / GUTTER MAINTAINED / DEVELOPED EARLIER IN THE MANTUR MAIN ROAD, HUBLI TALUK, DHARWAD DISTRICT ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
Heard. No public interest warranting interference by this Court is involved in this writ petition. The writ petition is accordingly dismissed.
Petition dismissed.
Sd/-
ACTING CHIEF JUSTICE Yn.
Sd/- JUDGE