Disposed

Sri Gurunath Vadde v. the State of Karnataka

Karnataka HC25 Sept 2024WP/23358/2023

Case brief

AI extract

What is this about?

Public interest petition seeking directions to complete an unfinished road between Bhavani Bijalgaon and Mudhol (B) villages, Kamalanagar Taluk. The Court held road formation is within the State's domain absent exceptional circumstances, declined to interfere under Article 226, but directed authorities to consider the representation within six months.

What did the court decide?

Respondents directed to consider representation dated 11.05.2023 within six months; no merits opinion; petition otherwise not entertained.

Sri Gurunath Vadde Vs the State of Karnataka — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:40222-DB WP No. 23358 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF SEPTEMBER, 2024

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PRESENT

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THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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WRIT PETITION No. 23358 OF 2023 (GM-RES)

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BETWEEN:

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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SRI GURUNATH VADDE, S/O VAJINATH VADDE, AGED ABOUT 56 YEARS, SOCIAL WORKER, R/O JANASEVA ASHRAMA, BHAVANI BIJALAGAON-585443, KAMALANAGAR TALUK, BIDAR DISTRICT, MOBILE No.9901687999, AADHAAR No.6659 3322 2123, PAN No.AERPV9730M, [email protected].

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(BY SRI J. R. MOHAN, ADVOCATE)

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…PETITIONER

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AND:

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THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M. S. BUILDINGS, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001.

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2 - NC: 2024:KHC:40222-DB WP No. 23358 of 2023

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THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF PLANNING, M. S. BUILDINGS, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001.

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THE SECRETARY, KALYANA KARNATAKA REGION DEVELOPMENT BOARD, “ABHIVRUDHI BHAVAN”, OPP: IVAN-E-SHAHI GUEST HOUSE, KALABURGI-585102.

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THE DEPUTY COMMISSIONER, BIDAR DISTRICT, NANDI COLONY, BIDAR-585401.

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THE CHIF EXECUTIVE OFFICER, ZILLA PANCHAYATH, FORT ROAD, BIDAR-585401.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R4; SRI PRAVEEN KUMAR, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE COSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO COMPLETE THE ROAD CONSTRUCTION WORKS BETWEEN BHAVANI BIJALGAON VILLAGE AND MUDHOL (B) VILLAGE OF KAMALANAGAR TALUK, BIDAR DISTRICT, BY CONSIDERING THE REPRESENTATION DATED 11/05/2023 MADE BY THE PETITIONER VIDE ANNEXURE-A AND ETC.

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3 - NC: 2024:KHC:40222-DB WP No. 23358 of 2023

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE THE MR. JUSTICE K.V. ARAVIND)

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Heard learned advocate Mr. J.R. Mohan for the petitioner, learned Additional Government Advocate Ms. Niloufer Akbar for respondents No. 1 to 4 and learned advocate Mr. Praveen Kumar for respondent No.5.

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The present petition is styled as public interest litigation. The public interest petitioner is stated to be a social worker and is carrying on various social welfare activities. The public interest expressed and brought under this petition is to issue directions to the respondents to complete the partially constructed road between Bhavani Bijalgaon Village and Mudhol (B) Village of Kamalanagar Taluk, Bidar District.

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4 - NC: 2024:KHC:40222-DB WP No. 23358 of 2023

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It is stated that the partially formed road is left half way from five years. It is stated that the general public are facing hardship and inconvenience. It is stated that the villagers are depending on the Primary Health Centre, Government Office and Bank facilities at Kamalanagar. The partially completed road is the only connectivity to the residents of the surrounding villages to reach Kamalanagar Taluka to visit Primary Health Centre or any other facilities.

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It is further stated that the partially constructed road is also not in motorable condition due to potholes. It is stated that due to the bad condition of the road, the villagers are compelled to use the stream across the road, however the same will pose threat during rainy season.

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Learned advocate for the public interest petitioner submits that the respondent authorities are to be directed to finish the incomplete road at the earliest.

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Learned Additional Government Advocate Ms. Niloufer

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Akbar, on service of advance copy of the writ petition, submits that the representation would be considered. However, submits that

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5 - NC: 2024:KHC:40222-DB WP No. 23358 of 2023

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the prayer cannot be granted under Article 226 of Constitution of India.

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Considered the submissions of learned advocates for the parties.

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The cause and grievance brought under this public interest petition is not a case to be dealt in exercise of Article 226 of the Constitution. The formation of road is within the domain of the State Government and in consideration of attendant circumstances, with which the Court cannot interfere unless exceptional circumstances are made out. No compelling reasons to interfere are found.

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Having said so, the respondent-authorities cannot be allowed to continue to unattend the grievances of the general public. The representation dated 11.05.2023 should be considered by the competent authorities of the State.

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In the light of the above, the respondents are directed to consider the representation dated 11.05.2023 at Annexure-A as expeditiously as possible not later than six months from the date of this order. This Court has not expressed any opinion on merits.

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NC: 2024:KHC:40222-DB WP No. 23358 of 2023

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Except to the above directions/observations, the public interest petition is not entertained. Accordingly, disposed of.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K. V. ARAVIND) JUDGE

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VBS

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List No.: 1 Sl No.: 44

Sri Gurunath Vadde v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Gurunath Vadde v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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