IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.3682 OF 2016 (GM-RES) BETWEEN:
SRI. N.R. MANGALA GOWRI W/O N.R. GOVINDARAJU AGED ABOUT 47 YEARS R/AT. NELLIGERE (Vi), BELLURU (Hob) NAGAMANGALA TALUK MANDYA DISTRICT-571418. (By Mr. JAVEED S, ADV.) AND:
1. SRI. LOKESH S/O LATE JAYANNA R/AT. KARABILU (Vi), BELLURU (Hob) NELLIGERE POST, NAGAMANGALA (Tq) MANDYA DIST-571418.
2. SRI. KRISHNA MURTHI K.G. S/O LATE GANGAPPA R/AT. KARABILU (Vi), BELLURU (Hob) NELLIGERE POST, NAGAMANGALA (Tq) MANDYA DIST-571418.
3. THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS K.R. CIRCLE, GANDHI NAGAR BANGALORE-560009.
4. THE CHIEF ENGINEER NATIONAL HIGHWAYS K.R. CIRCLE, GANDHI NAGAR BANGALORE-560009.
… PETITIONER 5. THE EXECUTIVE ENGINEER STATE HIGHWAYS K.R. CIRCLE, GANDHI NAGAR BANGALORE-560009.
6. THE CHIEF ENGINEER STATE HIGHWAYS K.R. CIRCLE, GANDHI NAGAR BANGALORE-560009.
7. THE EXECUTIVE ENGINEER PWD, MANDYA MYSORE-BANGALORE ROAD MANDYA-571401.
8. THE TAHSILDAR REVENUE DEPARTMENT NAGAMANGALA TALUK MANDYA DISTRICT-571432.
9. THE DEPUTY COMMISSIONER REVENUE DEPARTMENT MANDYA-571401.
10. THE PANCHAYATH DEVELOPMENT OFFICER GRAMAPANCHATH NELLIGERE NELLIGER (Vi), BELLURU (Hob) NAGAMANGALA (Tq) MANDYA DIST-571418.
11. THE SECRETARY GOVERNMENT OF KARNATAKA PUBLIC WORK DEPT./NATIONAL HIGHWAYS VIDHANA SOUDHA BANGALORE-560001.
… RESPONDENTS (By Mr. AMEYA FADNIS, ADV., FOR Mr. P.B. AJITH, ADV., FOR R1 & R2 Mr. B.J. SOMAYAJI, ADV., FOR R10 (ABSENT) Mrs. VIKSHITHA C. NAIK, ADV., FOR Mrs. SHILPA SHAH, ADV., FOR R3 & R4 Mr. Y.D. HARSH, AGA FOR R5 – R9 & R11) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondents to consider the representation produced as Annexure-D to D5 dated 13-7-2015 and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Mr.Javeed S., learned counsel for the petitioner.
Mr. Ameya Fadnis for Mr.P.B.Ajith, learned counsel for the respondents 1 & 2.
Smt.Vikshitha C Naik for Smt.Shilpa Shah, learned counsel for respondents 3 & 4.
Mr.Y.D.Harsh learned Additional Government Advocate for respondents 5 to 9 & 11.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia is seeking a writ of mandamus directing respondents 3 to 9 to consider the representation dated 13.07.2015 contained in Annexures-D1 to D5 filed by the petitioner.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has submitted an application to respondents 3 to 11 seeking a prayer for widening of the road in question and the Writ Petition be disposed of with a direction to respondent No.8 viz. the Tahasildar- Revenue Department, Nagamangala Taluk, Mandya District to decide the application of the petitioner by a speaking order.
4. Learned counsel for respondent Nos.1 and 2 submits that he has no objection for the aforesaid prayer.
5. In view of the aforesaid submissions and in the facts of the case the Writ Petition is disposed of with a direction that in case representation as contained in Annexures-D1 to D5 is still pending consideration, the Tahsildar shall decide the same by a speaking order within a period of six weeks from the date of receipt of the certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS