This writ petition filed for removal of road obstruction was disposed on preliminary hearing as the petitioner's counsel accepted that the obstruction had been cleared by BBMP, rendering no further directions necessary.
Petition disposed of with no further directions issued as obstruction was already cleared.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2021
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.788 OF 2021 (LB-BMP-PIL)
BETWEEN
M. KRISHNA MURTHY AGED ABOUT 58 YEARS S/O LATE MUNIRAMAIAH R/A NO.30-30-1, 9TH 'C' CROSS PARK AREA, WILSON GARDEN BANGALORE-560027 ...PETITIONER
(BY SRI. PRINCE ISAC, ADVOCATE-PH)
AND:
(BY SRI. B.S. GAUTHAM, ADVOCATE FOR R1-PH; SRI. VIJAYAKUMAR A. PATIL-AGA FOR R2-PH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, BY DIRECTING THE RESPONDENT NO.2 TO INITIATE LEGAL ACTION AS AGAINST THE ERRING PERSONS WHO HAVE OBSTRUCTED THE PUBLIC ROAD AND FURTHER DIRECT THE RESPONDENT NO.1 TO REMOVE THE OBSTRUCTION FROM THE PUBLIC ROAD IN TERMS OF THE REPRESENTATION DATED 04.11.2020 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
Perused the compliance affidavit dated 7.04.2021 filed by Sri.N.Pradeep Kumar, Assistant Executive Engineer, Bruhat Bengaluru Mahanagara Palike (BBMP) and the photographs annexed thereto.
required to be issued.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
ln
2 issues framed by the court
Whether the respondent Polices Inspector should be directed to initiate legal action against persons obstructing a public road.
Whether the Commissioner BBMP should be directed to remove an obstruction from a public road.
1 provisions across 1 enactments
M. Krishna Murthy
The Commissioner Bruhat Bengaluru Mahanagara Palike
The Police Inspector Wilson Garden Police Station
Abhay S. Oka
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
