IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.13474/2016 (GM-TEN) BETWEEN:
SRI SRINIVASA RAO KASBE S/O LATE RAMACHANDRA RAO KASBE AGED ABOUT 61 YEARS NO.83, 2ND CROSS CHIKKANNA GARDEN SHAKARAPURAM BANGALORE-560 004 (BY SRI. PRAKASH SHETTY S, ADV.) AND:
1. PRINCIPAL SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA MULTISTORIED BUILDING AMBEDKAR VEEDHI BANGALORE-560 001 2. DEPUTY COMMISSIONER RAICHUR RAICHUR DISTRICT-584 101 3. RAICHUR MUNICIPALITY RAICHUR DISTRICT-584 101 REP. BY ITS COMMISSIONER ... PETITIONER ... RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, HCGP. FOR R1 & 2 SRI. KALEEMULLA SHARIFF, ADV. FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR RECORDS PERTAIN TO ANNEXURE-A DTD:08.09.2015 ISSUED BY THE R-3, DIRECT THE R-3 ISSUED A TENDER NOTIFICATION AS PER IN THE ANNEXURE-A DTD:08.09.2015 AND DIRECT THE R-3 TO PROVIDE THE ROAD FACILITIES, ELECTRICITY AND OTHER CIVIC AMENITIES TO THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking issue of mandamus to issue tender notification as has been proposed in the communication dated 08.09.2015 at Annexure-A to the petition. The petitioner in that light is seeking that respondent No.3 be directed to provide road facilities.
2. The petitioner is the owner in possession of site No.2-2-14/1 of Raichur city which is within the jurisdiction of Raichur Municipality. The grievance of the petitioner is that though a 30ft wide road exists from the main road to the property owned by the petitioner and respondent No.3 had also taken into consideration the existence of the road, but asphalting the said road was not completed as there was some obstructions said to have been caused by the Jail Authorities despite they having no right to do so.
3. Be that as it may, this Court at this juncture is only required to notice the nature of consideration made by respondent No.3 and in that light to arrive at a conclusion as to whether the mandamus as sought is required to be issued. In that regard, a perusal of the communication dated 08.09.2015 would disclose that respondent No.3 has indicated that the work in respect of the said road would be undertaken after issue of appropriate tender notification.
4. In that view, all that is necessary to be directed at this point is that respondent No.3 shall keep in view these aspects of the matter and take steps to float tenders for completion of the asphalting work in respect of the existing road to which reference is made in this petition. Such action to issue the tender, process and complete the work shall be made keeping in view the outlay plan of respondent No.3 and all steps in that regard in any event shall be taken as expeditiously as possible and the respondent No.3 shall endeavour to complete the road laying work within a period of six months from this date as the outer limit, if not earlier.
The petition is accordingly disposed of.
Sd/- JUDGE akc/bms