IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.45478 OF 2018 (GM-RES) BETWEEN:
SRI.T.R.RAJASHEKAR S/O.LATE RANGAPPA AGED ABOUT 41 YEARS RESIDENT OF THOVINAKERE TURUVEKERE TALUK TUMKUR DISTRICT – 572 101.
(BY SRI.R.P.SOMASHEKARAIAH, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE – 560 001.
... PETITIONER 2. THE CHAIRMAN & MANAGING DIRECTOR KARNATAKA LAND ARMY CORPORATION LTD., RAJ BHAVAN ROAD BANGALORE – 560 001.
3. THE CHIEF EXECUTIVE ENGINEER ZILLA PANCHAYAT TUMKUR DISTRICT – 572 101.
4. THE EXECUTIVE ENGINEER PANCHAYATRAJ ENGINEERING DIVISION ZILLA PANCHAYAT TUMKUR DISTRICT – 572 101.
5. THE ASSISTANT DIRECTOR KRIDL (LADN ARMY) TUMKUR DISTRICT – 572 101.
6. THE ASST. EXECUTIVE ENGINEER SUB-DVN- PANCHAYATRAJ ENGINEERING GUBBI TALUK TUMKUR DISTRICT – 572 101.
7. THE ASST. EXECUTIVE ENGINEER SUB-DIVISION PLANNING TUMKUR DISTRICT – 572 101.
(BY SRI.Y.D.HARSHA, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE BALANCE PAYMENT OF RS.1,41,775/- TOGETHER WITH INTEREST WITH REGARD TO COMPLETION OF ADDITIONAL ROAD FORMATION FROM C.S.PURA-KOPPA TO THURUVEKERE UNDER PACKAGE NO.KN-25 STAGE – 3 OF PRIME MINISTER GILA SADAK YOJANA BY CONSIDERING THE REPRESENTATION DTD.4.5.2015 UNDER ANNEXURE-V IN PURSUANCE TO THE JOINT INSPECTION REPORT DTD.18.3.2013SUBMITTED ON 25.6.2013 BY R-3 TO 7 UNDER ANNEXURE-C TO P AND ETC.
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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.R.P.Somashekaraiah, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondents.
2. Petition is admitted for hearing. With the consent of the parties, it is heard finally.
3. In this petition, petitioner interalia seeks for a writ of mandamus directing the respondents to release the balance payment of Rs.1,41,775/- along with interest on the principle amount of Rs.6,10,000/- totally a sum of Rs.4,88,640/- with regard to completion of additional road formation from C.S.Pura-Koppa to Thuruvekere under Package No.KN-25, Stage-3 of ‘Prime Minister Gilla Sadak Yojna’.
4. When the matter is taken up today, learned counsel for the petitioner submitted that with regard to completion of additional road formation, the petitioner be granted an opportunity to submit a representation and aforesaid Authority to decide the representation submitted by the petitioner by a speaking order in accordance with law.
5. On the other hand, learned Additional Government Advocate submitted that in case the petitioner submitted such representation, the same shall be dealt with in accordance with law.
6. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with a direction to the Competent Authority to consider and decide the representation submitted by the petitioner by a speaking order within a period of three months from the date of receipt of such representation is made.
It is made clear that this Court has not expressed any opinion on the merits and claim of the parties.
Accordingly, petition is disposed of.
VMB Sd/- JUDGE