Dismissed

Ramesh Naik L v. Jas Tool Road Co. Ltd.

Karnataka HC22 Sept 2021WP/10036/2021

Case brief

AI extract

What is this about?

A PIL filed by Ramesh Naik L. sought directions to install street lights on NH-4/48. The High Court of Karnataka, with two benches concurrently, observed the petitioner lacked a statutory basis and had personal grievances regarding toll payment, dismissing the petition as an abuse of process.

What did the court decide?

Petition dismissed as it is based on personal grievance and lacks statutory basis for the relief.

Ramesh Naik L Vs Jas Tool Road Co. Ltd. — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 10036/2021 (GM-RES-PIL)

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BETWEEN

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RAMESH NAIK L. S/O. LATE LAKSHMAN NAIK R AGED ABOUT 39 YEARS KADARANAHALLI THANDYA URDIGERE HOBLI TUMKUR TALUK AND DISTRICT – 572 140 ADVOCATE BY PROFESSION. ... PETITIONER AADHAAR: 755392714477 MOBILE:9538631572 E-MAIL:[email protected]

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(BY SRI. RAMESH NAIK L., PARTY-IN-PERSON)

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AND:

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1 . JAS TOOL ROAD CO. LTD. REPRESENTED BY ITS TOLL MANAGER OR INCHARGE OFFICER KYATHSANDRA-CHOKKENAHALLI TOLL BOOTH NELAMANGALA-TUMKUR NATIONAL HIGHWAY ROAD NH-4 KYATHSANDRA/ CHOKKENAHALLI TOLL PLAZA TUMKUR - 572 104. Tel:7829917005 2 . NATIONAL HIGHWAY AUTHORITY OF INDIA G 5 AND 6, SECTOR 10

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DWARKA,NEW DELHI – 110 075. REPRESENTED BY PROJECT DIRECTOR, NHAI NEAR J.M.I.T. CAMPUS, NH-4 (K.M.201) CHITRADURGA-577 502.

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

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... RESPONDENTS

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(BY SRI. VIJAYKUMAR A. PATIL, AGA FOR R3 SRI. DEVANSH JAIN AND SRI. SANDEEP BAJAJ, ADVOCATE FOR R1 SMT. SHILPA SHAH, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1.ISSUE APPROPRIATE DIRECTION/ORDER TO THE RESPONDENTS TO PROVIDE ADEQUATE INFRASTRUCTURAL FACILITY OF STREET LIGHTS AT EVERY FIXED DISTANCE ON THE NATIONAL HIGHWAY ROAD NH4/48 NELAMANGALA-TUMKUR FOR A TOTAL LENGTH OF 32.5 KM THROUGHOUT THIS ROAD FOR THE SMOOTH AND EASY FLOW OF VEHICULAR TRAFFIC AND ETC.,

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

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ORDER

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The present petition has been filed as a Public Interest Litigation (PIL) by the petitioner in person stating that the street lights should be provided on a National Highway. The petitioner, in the prayer clause has prayed for street lights on the National Highway Road NH-4/48 Nelamangala-Tumakuru, which is having a total length of 32.5 Kms.

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The petitioner in person has not been able to

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point out any statutory provision of law which provides for the street lights on the National Highway. No document is on record to substantiate his contention that the street lights are to be mandatorily fixed on the National Highway. The other documents which are on record reveals that the petitioner in person has submitted a representation to the Toll company for grant of exemption from payment of toll charges. Annexure-C is on record in which he has made a request for grant of exemption for payment of toll charges. There is another document at Annexure-D, which is again in respect of payment of toll charges. The FIR is also on record lodged by the petitioner in person on 09.01.2021 and the FIR makes it very clear that he was demanded a toll fee of Rs.20/- and a dispute arose only because toll fee was demanded from him. Paragraph-10 of the FIR (translated copy at page No.23) is reproduced as under:

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"HC 259, Jaya Kirti who was on duty to the Hon'ble Court had submitted PCR 60/2021 on 16-02-2021 at 10-15 morning and on verification of the said PCR, the brief fact about the complaint of Sri.Ramesh Naik L S/o Late Sri.Lakshman Naik R., Kadaranahalli Thandya, Urdigere Hobli, Tumkur Taluk in the complaint was that, I am the resident of the above mentioned address. When I was travelling on Nelamangala-Tumkur road at Chokkenahalli toll plaza on 09.01.2021 at around 9-10 AM in my

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car KA-06 Z2460, Despite showing my Identity proof as local resident, Accused No.1 insisted me to pay the Toll fee of Rs.20/- for one side, which I have paid.

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As per the NHAI rules the Accused who are supposed to issue proper receipt for the payment of fee, have issued wrong receipt and upon questioning, the employees of accused No.1 have assaulted with an abusive language and put threatened me to spoil my life. So Accused-01 and 02 have committed crime under 44, 405, 406, 415, 417, 418, 420, 504, 506, 34 of IPC etc."

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The aforesaid documents make it very clear that the petitioner is having personal grievance in the matter in respect of payment of toll tax and now he has filed a PIL against the National Highway Authority of India, State of Karnataka and JAS Toll Road Co., Ltd., which is a company recovering toll tax. The present petition is nothing but a sheer abuse process of law. This Court cannot be a party to a personal vendetta nor this Court can do a roving enquiry as prayed for by the petitioner.

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At this juncture, learned counsel appearing for National Highway Authority of India, in the open Court, states that under any statutory provision of law nor any provision under the agreement provides for installing street lights on the National Highway.

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In the considered opinion of this Court as no Notification has been brought on record by the petitioner which requires street lights on the National Highway and the petitioner in person is having his personal grievance, the petition deserves to be dismissed and the same is accordingly dismissed.

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No order as to costs.

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SD/ACTING CHIEF JUSTICE

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SD/JUDGE

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Ramesh Naik L v. Jas Tool Road Co. Ltd.

Case brief

What is this about?

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Ramesh Naik L v. Jas Tool Road Co. Ltd.

Case brief

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