IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32794 OF 2013 (GM-RES) BETWEEN:
SMT USHADEVI AGED ABOUT 55 YEARS, D/O KUPPAIAH NAIDU, R/AT: NO.56, 3RD MAIN ROAD, VAPASANDRA, WARD NO.1, CHIKKBALLAPUR CITY-570231.
(BY SMT. LEELA P DEVADIGA, ADV. FOR SRI. A K SUBBAIAH, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560001.
2. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR – 570231.
3. THE COMMISSIONER CHIKKABALLAPUR CITY MUNICIPAL COUNCIL, CHIKKABALLAPUR – 570231.
4. THE DIRECTOR OF PLANNING NATIONAL HIGHWAY AUTHORITY OF INDIA, NO.13, 14, K.M. NAGASANDRA VILLAGE, BANGALORE TUMKUR ROAD, BANGALORE – 560068.
… PETITIONER … RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & R-2 SMT. SHILPA SHAH FOR SRI. SINGANIA & PARTNERS ADVS. FOR R-4 SRI. VIJAYAKRISHNA BHAT, ADV. FOR R-3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R4 TO FORTHWITH COMMENCE THE WORK FOR FORMATION OF THE SERVICE IN TERMS OF THE SCHEME AS REVEALED IN ANNX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Leela P. Devadiga for Sri.A.K.Subbaiah, learned counsel for the petitioner.
Smt.Nilouger Akbar, learned Additional Government Advocate for respondent Nos.1 and 2.
Smt.Shilpa Shah, learned counsel for respondent No.4.
Sri.Vijayakrishna Bhat, learned counsel for respondent No.3.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Issue appropriate writ or order or direction in the nature of mandamus directing the 2nd respondent to consider the representation of the petitioner dated 09.07.2012 a copy of which is herein produced as Annexure-B.
(b) Issue appropriate writ or order or direction in the nature of mandamus 3rd respondent to consider the representation of the petitioner dated 02.04.2013 a copy of which is herein produced as Annexure-C.
(c) Issue such other writ or order or direction that this Hon’ble Court may deem fit under the facts and circumstances of the case including the cost of this writ petition to secure the ends of justice.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the respondents to consider the representation submitted by the petitioner dated 09.07.2012 and 02.04.2013 and to take appropriate action against the illegal construction in a time bound manner.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the respondents to decide the representation submitted by the petitioner from the date of receipt of certified copy of the order passed today. Needless to state that the respondents shall afford an opportunity of hearing to all the necessary parties before deciding the representation by a speaking order.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS