IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12417 OF 2017 (GM-RES) BETWEEN:
SYED ISMAIL S/O LATE SYED IBRAHIM AGED 32 YEARS NO.437/B, 5TH CROSS OPPOSITE TO HBR BDA COMPLEX II BLOCK, HBR LAYOUT BANGALORE-560043.
(By Mr. MADANGONDA M. PATIL, ADV., FOR Mr. R. KOTHWAL, ADV.,) AND:
1. M/S. LANCO HOSKOTE HIGHWAY LTD., MULBAGAL, KOLAR DISTRICT – 563 101 REP. BY EXECUTIVE OFFICER.
2. M/S. JSR MULBAGAL TOLL WAY PVT. LTD., MULBAGAL, KOLAR DISTRICT – 563 101. REP. BY EXECUTIVE OFFICER.
3. THE PROJECT DIRECTOR … PETITIONER NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) REGIONAL OFFICE: SY NO.13, 14TH KM NEAR DEEPAK BUS STOP NAGASANDRA M.S.R. RAMAIAH ENCLAVE BENGALURU-TUMKUR ROAD (NH-4) BENGALURU-560073.
4. THE CHIEF ENGINEER HIGHWAYS & PUBLIC WORKS STATE HIGHWAYS GOVERNMENT OF KARNATAKA M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560001.
5. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001.
(By Mr. V. SRINEEDHI, AGA FOR R4 & R5 Mr. B. PRAMOD, ADV., FOR R1 Mr. CHANDAN, ADV., FOR R3 R2 SERVED AND UNREPRESENTED) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 5 TO PAY THE COMPENSATION OF RS.15,00,000/- TO THE PETITIONER FOR THE EXTENSIVE LOSS SUSTAINED BY HIM IN THE ROAD ACCEDENT WHICH TOOK PLACE ON 14.5.2016 ON THE NANGI-MULBAGAL NATIONAL HIGHWAY (NH 69).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Madangonda M Patil for Mr.R.Kothwal, learned counsel for the petitioner.
Mr.V.Sreenidhi, learned Additional Government Advocate for respondents 4 & 5.
Mr.B.Pramod learned counsel for respondent No.1. Mr.Chandan, learned counsel for respondent No.3.
2. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner inter alia seeks a direction to respondents 1 to 5 to pay compensation of Rs.15 Lakhs to the petitioner for extensive loss sustained by him in a road accident, which took place on 14.05.2016 at Nangli-Mulbagal National Highway.
3. After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this court to withdraw the petition with a liberty to file a suit claiming damages. Needless to state, that in case such a suit is filed, the Trial Court shall deal in accordance with law and expeditiously.
Accordingly, the petition is disposed of with the aforesaid liberty.
Sd/- JUDGE SS