Disposed

Shri Radhakrishna Yuvaka Bajana Sangha (R) v. State of Karnataka

Karnataka HC25 Mar 2024WP/8406/2024

Case brief

AI extract

What is this about?

Petitioners, residents of Kinnikambala village, sought consideration of their representation against laying an electricity distribution line along a narrow road used by school children, requesting a route change or underground cabling. The court directed respondent No.6 (Assistant Executive Engineer, MESCOM) to consider the representation dated 06.02.2024 and pass appropriate orders within four we

What the court decided

AI extract

Shri Radhakrishna Yuvaka Bajana Sangha (R) Vs… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:12175 WP No. 8406 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2024 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 8406 OF 2024 (GM-KEB)

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BETWEEN:

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SHRI. RADHAKRISHNA YUVAKA BAJANA SANGHA (R), KINNIKAMBLA (KAIKAMBLA - BAJPE ROAD), MANGALURU TALUK, D.K. DISTRICT – 574 151. REPRESENTED BY ITS PRESIDENT

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M. NARASINGA RAI, REGISTERED UNDER THE SOCIETIES REGISTRATION ACT.

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SHRI. KINNIKAMBALA VIDYAVARTHAKA SANGHA, KINNIKAMBIG POSTS, MANGALURU TALUK, D.K. DISTRICT – 574 151. REPRESENTED BY ITS PRESIDENT M. NARASINGA RAI, REGISTERED UNDER THE TRUST ACT.

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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SRI. YOGISH ACHARYA, S/O LATE JANARDHANA ACHARYA, AGED ABOUT 54 YEARS, R/AT SOWMYA NILAYA, BAGLODY DIVARAYA ROAD, KINNIKAMBLA, KOLAMBE VILLAGE, KINNIKAMBLA POST, MANGALURU – 574 151.

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SRI. SAYED ILYAS, S/O LATE SYED UMMAR, AGED ABOUT 66 YEARS, R/AT NO.2-306/1, MANZILE SIFATH, G.S.U. COMPOUND, KOLAMBE VILLAGE, KANDAVARA, KINNIKAMBLA, DAKSHINA KANNADA – 574 151.

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…PETITIONERS

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(BY SRI. RAJASHEKAR S., ADVOCATE)

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2 - NC: 2024:KHC:12175 WP No. 8406 of 2024

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AND:

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STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001.

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KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, 1^ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA ROAD, NEHRU NAGAR, GANDHI NAGAR, BENGALURU – 560 009. REPRSENTED BY ITS MANAGING DIRECTOR.

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THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, D.C.OFFICE, MANGALURU – 575 001.

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THE MANGALORE ELECTRICITY SUPPLY COMPANY LTD., KAVOOR CROSS ROAD, BEJAJ, MANGALORE, D.K.DISTRICT – 575 004. REPRESENTED BY ITS MANAGING DIRECTOR.

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THE EXECUTIVE ENGINEER, MESCOM, KAVOOR, MANGALURU – 575 015.

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THE ASSISTANT EXECUTIVE ENGINEER, MESCOM, KAVOOR, MANGALURU – 575 015.

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…RESPONDENTS

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(BY SRI.S.R.KHAMROZ KHAN, AGA FOR R1 & R3; SMT.RAKSHITHA D.J., ADVOCATE FOR R2; SRI.H.P.DEVARAJU, ADVOCATE FOR R4 TO R6)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R3 TO 6 TO

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3 - NC: 2024:KHC:12175 WP No. 8406 of 2024

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TAKE ACTION PURSUANT TO THE SUBMISSION OF REPRESENTATION DATED 06/02/2024, 07/03/2024 SUBMITTED BY THE PETITIONERS TO THE R3, 5 AND 6 AND ALSO PURSUANT TO THE DIRECTION DATED 14/02/2024 VIDE NO. SAKANILM (VI)/KAIKAMBA/SALM (TAM)/2023-24 ADDRESSED BY R5 TO THE SECTION OFFICER OF EXECUTION AND MAINTENANCE DIVISION TO TAKE SUITABLE ACTION, VIDE ANNEXURES - A TO D 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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The petitioners who are the residents of the Kinnikambala, Kolambe village submitted the representation with respondent Nos.4 to 6 calling upon them to not to lay the distribution line since the same passes through the narrow road and is hazardous to the school going children, and to the public at large who are using the said narrow road. The petitioners further represented that there exists a transformer, and therefore, requested to change the route of the distribution line or in alternative lay distribution line underground. The petitioners grievance is that the said representation has not been considered.

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Learned counsel for respondent Nos.4 to 6 on instructions submits that the representation submitted by the petitioner will be considered in accordance with law, if reasonable time is granted.

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Therefore, it is expedient to dispose of the petition directing respondent No.6 to consider the representation dated 06.02.2024 at Annexures A and B, and pass appropriate order in

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NC: 2024:KHC:12175 WP No. 8406 of 2024

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accordance with law within four weeks from the date of receipt of certified copy of this order.

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Petition is disposed of.

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Sd/JUDGE

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RKA

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List No.: 1 Sl No.: 26

Shri Radhakrishna Yuvaka Bajana Sangha (R) v. State of Karnataka

Case brief

What is this about?

What the court decided

Shri Radhakrishna Yuvaka Bajana Sangha (R) v. State of Karnataka

Case brief

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