Disposed

Thyagaraj S v. the State of Karnataka

Karnataka HC15 Jul 2022WP/19793/2018

Case brief

AI extract

What is this about?

The Court disposed of the Writ Petition without expressing an opinion on merits, directing the respondent authority to take suitable action on a representation regarding road widening within four months. An ad-interim order concerning the representation continues. The list of subjects is complete and accurate.

What did the court decide?

Direction to the competent authority to take suitable action on the petitioner's representation regarding road widening within four months; continuation of the ad-interim order.

Thyagaraj S Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE C.M. POONACHA

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WRIT PETITION No.19793 OF 2018(GM-RES)

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BETWEEN

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1 . THYAGARAJ S S/O. SATHYANARAYANA SHETTI S, AGED ABOUT 60 YEARS WARD NO. 4, TB ROAD, AJJAMPURA, TARIKERE TALUK, CHIKKAMAGALUR 577 547

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2 . M N JANARDANA RAO

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S/O. LATE. M Y NARAYANA RAO, AGED ABOUT 80 YEARS WARD NO. 5, NEHARU ROAD, AJJAMPURA, TARIKERE CHIKKAMAGALUR 577 547

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3 . S NATARAJ GUPTA S/O. S SATHYANARAYANA SETTY, AGED ABOUT 58 YEARS # 1244, T B ROAD, AJJAMPURA, TARIKERE CHIKKAMAGALUR 577 547

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...PETITIONERS

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(BY SRI VASANTH KUMAR K M, ADVOCATE)

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AND

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1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORKS, VIDHANA SOUDHA,

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BENGALURU 560001

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2 . THE CHIEF EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KARNATAKA, BENGALURU 560001

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3 . THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, TARIKERE TALUK, CHIKKAMAGALUR DIST -577547

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4 . THE GRAM PANCHAYATH AJJAMPURA, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT 577547

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…RESPONDENTS

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(BY SRI SHIVANANDA D S, AGA FOR R1 TO R3 R4 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS HEREIN TO CONSTRUCT OR PUT UP ROAD UPTO 10 METERS (33 FEET) FROM THE CENTER OF THE ROAD ON BOTH SIDES OF TARIKERE TO DHARMAPURA STATE HIGHWAY AT AJJAMPUR (TQ) DIST: CHIKKAMAGALUR AND NOT TO DEVIATE FROM THE ORIGINAL PLAN/SANCTION PLAN FOR THE CONSTRUCTION OF THE ROAD AS PER THE RESOLUTION DTD 28.7.2017 FOUND AT ANNEXURE-G SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this Petition although various reliefs are sought, one of the reliefs is to direct the Respondents to consider

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the representation dated 20.03.2018, which is produced as Annexure-J to the Writ Petition.

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The learned Counsel for the Petitioner also furnishes a copy of the order dated 28.03.2019 passed in W.P.Nos.23011-23026/2018 wherein, this Court in similar Petitions pertaining to the same Village as well as the same cause of action of widening the road, disposed off the Writ Petitions directing suitable action on the representation, if not already taken, to be taken in accordance with law by the competent authority within a period of four months.

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Accordingly, in terms of the order dated 28.03.2019 passed in W.P.Nos.23011-23026/2018, the present Writ Petition is also disposed off with a direction that suitable action on the representation submitted by the Petitioner, if not already taken, shall be taken in accordance with law by the competent authority by a speaking order within four months from the date of receipt of certified copy of the order passed today. It is made

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clear that this Court has not expressed any opinion on the merits.

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In the said order dated 28.03.2019, passed in W.P.Nos.23011-23026/2018, while disposing off the Writ Petitions, this Court had also ordered that till the representation is decided, the ad-interim order dated 24.05.2018 granted in the said Writ Petitions shall continue. In view of the same, the ad-interim order dated 22.05.2018 granted in this Writ Petition shall continue till the representation is decided.

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Accordingly, the Writ Petition is disposed off.

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Sd/JUDGE

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Thyagaraj S v. the State of Karnataka

Case brief

What is this about?

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Thyagaraj S v. the State of Karnataka

Case brief

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