Disposed

Cauvery Janma Bhoomi Trust (R) v. State of Karnataka

Karnataka HC3 Feb 2020WP/14299/2019

Case brief

AI extract

What is this about?

Writ petition seeking mandamus to direct respondents to asphalt and maintain roads. Court recalls interim order, notes partial road upgrades, and grants liberty to approach District Panchayath Engineer for future repairs. Petition disposed without granting full relief.

What did the court decide?

The Court granted liberty to the petitioner to make a representation to the Executive Engineer, Panchayath Raj Engineer Division, for repairs and disposed of the petition.

Cauvery Janma Bhoomi Trust (R) Vs State of… — Writ and Judicial Review | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03^RD DAY OF FEBRUARY, 2020

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION No.14299 OF 2019(GM-RES)

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BETWEEN:

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CAUVERY JANMA BHOOMI TRUST (R) (A CHARITABLE PUBLIC TRUST) CHERANGALA VILLAGE BHAGAMANDALA KODAGU DISTRICT REP. BY ITS MANAGING TRUSTEE, M.C. RAVI KUMAR AGED ABOUT 67 YEARS S/O LATE HON’Y CAPT. M.M. CARIAPPA CHERANGALA VILLAGE BHAGAMANDALA KODAGU DISTRICT. ...PETITIONER

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(BY SRI PUTTAMADE GOWDA N.M., ADVCOATE (ABSENT))

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AND:

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STATE OF KARNATAKA BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001.

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THE DEPUTY COMMISSIONER KODAGU, MADIKERI TALUK KODAGU DISTRICT KARNATAKA.

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THE CHIEF EXECUTIVE OFFICER DISTRICT ZILLA PANCHAYAT MADIKERI TALUK KODAGU DISTRICT KARNATAKA.

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CHAMUNDESHWARI ELECTRICAL CO., MADIKERI TALUK KODAGU DISTRICT KARNATAKA. ... RESPONDENTS

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(BY SRI V. SREENIDHI, AGA FOR RESPONDENTS 1 AND 2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ASPHALT THE COMPLETE STRETCH OF THE ROADS, SINCE IT IS MORE THAN 5 YEARS AND ENSURE PROPER MAINTENANCE FROM TIME TO TIME BY ENSURING THE ROAD IS AN ALL-WEATHER ROAD AS PER THE GUIDELINES OF ‘PRADHAN MANTRA GRAM SADAK YOAN’ (PMGSY)’ NAMMA GRAMA NAMMA RASTE AND ETC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Head on I.A.No.2/2019 for recalling the order

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dated 3^rd July 2019.

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None appears for the petitioner.

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In view of the affidavit filed in support of

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the application by the Managing Trustee of the Cauvery

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Janma Bhoomi Trust, a case is made out for recalling the order dated 3^rd July 2019. The application is disposed of.

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4. In the writ petition, the only prayer sought

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for is for issue of a writ of mandamus, which reads thus:

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“Wherefore, the petitioner pray that this Hon’ble Court may be pleased to issue a writ of mandamus or any other suitable writ order or directing the Respondents to asphalt the complete stretch of the road, since it is more than 5 years and ensure proper maintenance from time to time by ensuring the road is an all-weather road as per the guidelines of Pradhan Mantri Gram Sadak Yojana’ (PMGSY) Namma Grama Namma Raste.”

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There are statement of objections filed by

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the State Government in paragraphs – 3 and 4, in the first phase, road from 0.00 to 6.13 km was upgraded

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at the cost of Rs.343.32 lakhs. This work was completed on 31^st March 2013. Therefore this part of the road was handed over to Panchayat Raj Engineering Division, Madikeri on 14^th may 2018. It is further stated that the stretch of the road from 6.13

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km to 8.82 km was upgraded to all weather road at the cost of Rs.142.02 lakhs. This work was completed on 31^st May 2013 and was maintained for five years. It is stated that the upgraded road between 6.13 km to 8.82 km was handed over to Panchayath Raj Engineering Department on 10^th July 2018. Thereafter the Panchayath Raj Engineering Division, Kodagu is responsible for maintenance of the road.

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There is rejoinder filed by the petitioner pointing out that in monsoon of 2018 and 2019, there is considerable damage to the road, which needs to be repaired. In fact, I.A.No.1/2019 has been preferred by the petitioner for impleading the Executive Engineer, Panchayath Raj Engineer Division Kodgu.

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In the petition, the writ of mandamus was

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not sought against the said Executive Engineer. In fact a representation was made only to the second and third respondents.

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8. If after handing over the road to the

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Executive Engineer, Panchayath Raj Engineer Division Kodagu, there is further damage to the road, it is for the petitioner to make an appropriate representation to the Executive Engineer. So that, he can take to repair the road. By granting the aforesaid liberty to the petitioner, this petition is disposed of.

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I.A.No.1/2019 does not survive.

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Accordingly, it is disposed of.

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Sd/CHIEF JUSTICE

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JUDGE

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Bkm

Cauvery Janma Bhoomi Trust (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Cauvery Janma Bhoomi Trust (R) v. State of Karnataka

Case brief

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What did the court decide?

What the court decided

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