IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.42962 OF 2018 (GM-RES) PIL BETWEEN:
MR. SURAJ SON OF LATE P.A. THOMAS AGED ABOUT 42 YEARS RESIDING AT NO.14 MODI GARDEN, J.C. NAGAR BENGALURU – 560 006.
(SRI SURAJ, PARTY-IN-PERSON) AND:
1. UNION OF INDIA BY ITS DEFENSE SECRETARY SOUTH BLOCK NEW DELHI – 110 002.
... PETITIONER 2. THE COMMANDANT PARACHUTE REGIMENT TRAINING CENTER J.C. NAGAR BENGALURU – 560 006.
3. THE GENERAL OFFICER COMMANDING KARNATAKA AND KERALA SUB-AREA CUBBON ROAD, BENGALURU – 560 001.
4. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU – 560 002.
... RESPONDENTS (BY SRI S. RAJASHEKAR, CGC FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 1 TO 3 TO ALLOW THE RESIDENTS OF 1ST TO 6TH CROSS OF MODI GARDEN, TO USE THE ROADS IN CANTONMENT AREA AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Petitioner in this writ petition is seeking a thoroughfare between Gates No.4 and 5 in the area belonging to the defence situated in 1st to 6th Cross of Modi Garden in cantonment area, Bengaluru.
2. Shri S. Rajashekar, learned CGC appearing for respondents No.1 to 3 submits that a similar request was made on an earlier occasion for a thoroughfare in the defence land. Pursuant to orders passed by this Court in W.P.Nos.10183-10186/2003, alternative road has already been provided. Same has been formally dedicated for the use of general public during the recent visit of the Defence Minister.
3. At this stage, Shri Suraj, party-in-person, submits that the submissions made on behalf of the defence are in respect of other areas, but the petitioner is interested in thoroughfare between Gates No.4 and 5. It is submitted that petitioner has already approached the Defence Minister, who has assured to consider the case.
4. The petitioner having already approached the highest authority in the administration namely, the Defence Minister, we see no ground to interfere at this stage.
Accordingly, petition is dismissed. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca