Sri Gurunath Vadde Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Gurunath Vadde Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Order dated 28.04.2025 (dismissal for non-compliance of office objections) recalled; respondents directed to examine the petitioner's representation dated 22.08.2024 regarding repairs of the existing road between Koryala Village and Savali Village and take necessary steps if necessary; no orders passed on the prayer to construct/develop a road between Basanala Village and Koryala Village.

Issue for consideration

Whether a writ of mandamus should be issued directing the respondents to develop the road between Basanala Village and Koryala Village, Kamalanagar Taluk, Bidar District. +2 more

Court's answer

No order is passed on the prayer for constructing/developing a road between Basanala Village and Koryala Village; whether a road is required to be constructed between two villages is a matter for the concerned authorities to decide keeping in view several factors, including availability of funds and the number of persons who may use the said road.

Ratio / Principle

The application for recall is allowed and the order dated 28.04.2025 dismissing the petition for non-compliance of office objections is recalled.

Key takeaways

In respect of repairs of the existing road, the respondents are directed to examine the petitioner's representation in that regard and take necessary steps, if necessary.ratio¶46

Detailed headnote1 paragraphs

Public interest writ petition (GM-RES-PIL) under Articles 226 and 227 of the Constitution of India by a social worker of Kamalanagar Taluk, Bidar District, seeking mandamus to develop a road between Basanala Village and Koryala Village and to fix road-spots and repair the existing road between Koryala Village and Savali Village by acting on his representation dated 22.08.2024 (Annexure-B). The petition had earlier been dismissed on 28.04.2025 for non-compliance of office objections; the Court allowed the recall application and recalled that order. On merits, the Court declined to direct construction of a new inter-village road, observing that such a decision rests with the concerned authorities considering factors including availability of funds and the number of prospective users; however, in respect of repairs to the existing road, the respondents were directed to examine the petitioner's representation and take necessary steps, if necessary. Petition disposed of accordingly.

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NC: 2025:KHC:43337-DB WP No. 31503 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 31503 OF 2024 (GM-RES-PIL)

BETWEEN:

SRI GURUNATH VADDE S/O VAJINATH VADDE AGED ABOUT 56 YEARS SOCIAL WORKER R/O JANASEVA ASHRAMA BHAVANI BIJALAGAON - 585 443 KAMALANAGAR TALUK BIDAR DISTRICT.

…PETITIONER

(BY SRI J.R. MOHAN, ADVOCATE)

Digitally signed by SRIDEVI S Location: High Court of Karnataka

AND:

THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT PUBLIC WORKS DEPARTMENT M.S. BUILDINGS DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001.

THE PREIDENT KALYANA KARNATAKA REGION DEVELOPMENT BOARD "ABHIVRUDDHI BHAVAN"

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HC-KAR

AIVAN-E-SHAHI

KALABURAGI - 585 102.

THE DEPUTY COMMISSIONER BIDAR DISTRICT BIDAR - 585 401.

THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH BIDAR DISTRICT BIDAR - 585 401.

THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARRMENT PWD DIVISION NEAR S.P. OFFICE BIDAR DISTRICT BIDAR - 585 401.

…RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA FOR R-1,3 & 5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO DEVELOP THE ROAD BETWEEN BASANALA VILLAGE AND KORYALA VILLAGE, KAMALANAGAR TALUK, BIDAR DISTRICT AND TO FIX THE ROAD-SPOTS AND REPAIR THE ROAD BETWEEN KORYALA VILLAGE AND SAVALI VILLAGE, KAMALANAGAR TALUK, BIDAR DISTRICT, BY CONSIDERING THE REPRESENTATION DATED 22.08.2024 MADE BY THE PETITIONER VIDE ANNEXURE-B & ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The petitioner has filed the present application seeking recall of the order dated 28.04.2025, by virtue of which the present petition is dismissed for non-compliance of office objections. The petitioner has filed the application consequently for recalling of the said order. It is stated that the Registry has pointed out that there are five objections, which have not been complied with. Notwithstanding the same, we consider it apposite to allow the present application and recall the order dated 28.04.2025.

The petitioner has filed the present petition, inter alia , praying as under:

"PRAYER

WHEREFORE, the petitioner most humbly prays that this Hon'ble Court may kindly be pleased to:

(b) ISSUE a Writ in the nature of Mandamus, directing the Respondents to develop the road

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HC-KAR

between Basanala Village and Koryala Village, Kamalanagar Taluk, Bidar District and to fix the road-spots and repair the road between Koryala Village and Savali Village, Kamalanagar Taluk, Bidar District, by considering the representation dated 22-08-2024 made by the petitioner vide Annexure-B;

(e) ISSUE such other writ or order or direction as this Hon'ble Court deems just and proper under the facts and circumstances of the case and allow this Writ Petition with exemplary costs, in the interest of justice and equity.

So far as the petitioner's prayer for directions to construct roads between Basanala Village and Koryala Village, Kamalanagar Taluk, Bidar District is concerned, this Court does not propose to pass any orders. The question whether a road is required to be constructed between two villages is a subject matter, which is required to be decided by the concerned authorities, keeping in view several factors, including the availability of funds and the number of persons who may be using the said road.

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NC: 2025:KHC:43337-DB WP No. 31503 of 2024

HC-KAR

Insofar as the repairs of existing road is concerned, we consider it apposite to direct the respondent's to examine the petitioner's representation in that regard and take necessary steps, if necessary.

Accordingly, the petition is disposed of.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

SD List No.: 1 Sl No.: 51