1/4 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Dr.JUSTICE VINEET KOTHARI W.P.No.52961/2017 (LB-RES) BETWEEN SRI. T. KHAJA MOHINUDDIN S/O T. ALLAH BAKASH AGED ABOUT 38 YEARS MANAGING PARTNER GS MEDIA SOLUTIONS No.523, 3RD FLOOR NARAYANASWAMY BUILDING 4TH CROSS, 1ST MAIN ROAD VINAYAKA LAYOUT, WHITE FIELD BENGALURU-560066.
...PETITIONER (BY SRI SATEESH M. DODDAMANI, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY FORT AND INLAND WATER TRANSPORT DEPARTMENT, M.S. BUILDING BENGALURU-560001.
2. THE CHIEF ENGINEER NATIONAL HIGHWAYS OFFICE OF THE CHIEF ENGINEER NATIONAL HIGHWAYS, K.R. CIRCLE BENGALURU-560001.
3. THE SUPERINTENDING ENGINEER OFFICE OF THE CHIEF ENGINEER NATIONAL HIGHWAYS, K.R. CIRCLE BENGALURU-560001.
4. THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS NATIONAL HIGHWAYS SUB-DVN., TUMKUR-572101.
5. THE ASST. EXECUTIVE ENGINEER NATIONAL HIGHWAYS OFFICE OF THE NATIONAL HIGHWAY SUB-DIVISION TUMKUR DISTRICT, TUMKUR-572101.
6. TUMKUR MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER TUMKUR DISTRICT, TUMKUR-572101.
...RESPONDENTS (BY SRI A.K. VASANTH, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD:11-10-2017 VIDE ANNEX-F AND PASS APPROPRIATE ORDERS FOR RECONSIDERING AND ACCORDING (PERMISSION FOR LAYING BOT ADVERTISEMENT GRANTRY IN NH-206 WHICH IN PASSING IN THE CORPORATION TUMKUR MAHANAGAR PALIKE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. Sateesh M. Doddamani, Adv. for Petitioner. Mr. A.K. Vasanth, AGA for R1.
The grievance raised by the petitioner-GS Media Solutions in the present writ petition is that the National Highway Authority of India Limited should consider its representation Annexure-F dated 11.10.2017 for giving ‘No Objection’ to the City Municipal Council, Tumkuru, for putting up the Advertisement Hoardings on the National Highway Roads passing through the City Municipal limits.
2. He has relied upon the decision of the Punjab and Haryana High Court in Rajender Prashad and Others –vs- State of Haryana and others decided on 11.10.1995 in Civil W.P.No.14758/1995.
3. Since the petitioner has already given a Representation to the Assistant Executive Engineer of NH Sub-Division, Tumkuru, vide Annexure-F dated 11.10.2017, the present petition is disposed of with a direction to the concerned authority to examine the legal position of the relevant Rules and the National Highways Act and the Judgment cited by the petitioner and pass appropriate speaking orders in the matter expeditiously.
4. The petitioner may appear before the concerned authority in the first instance on 03.01.2018 and the concerned authority shall pass appropriate orders within a period of three weeks thereafter.
With the above observations and directions the writ petition is disposed of. No costs.
Copy of this order may be supplied to the other side.
Sd/- JUDGE TL