Karnataka High Court
Sreekumar K vs State Of Karnataka on 24 March, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
WP No. 2234 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 2234 OF 2023 (LB-BMP)
BETWEEN:
1. SREEKUMAR K,
S/O RANGA RAO K,
AGED ABOUT 44 YEARS,
NO.10, CHIKKATAYAPPA REDDY LAYOUT,
NEAR CROMA AND UDIPI HOTEL,
CHELEKERE KALYAN NAGAR POST,
BANGALORE - 560 043.
2. RAVI KUMAR,
S/O CHIRANJILAL,
AGED ABOUT 32 YEARS,
R/AT FLAT NO.201, MARIAM SHELTERS,
CHELKERE 2ND CROSS,
CHIKKATTAYAPPA REDDY LAYOUT,
Digitally signed KALYANAGAR, BANGALORE - 560 043.
by
NARAYANAPPA 3. ARUN FERNANDES,
LAKSHMAMMA
Location: HIGH S/O LATE J FERNANDES,
COURT OF
KARNATAKA AGED ABOUT 46 YEARS,
R/AT NO.6, CRASTA MANSION,
2ND CROSS, C R LAYOUT, CHELEKERE,
KALYAN NAGAR, BANGALORE - 560 043.
...PETITIONERS
(BY TRIVIKRAM, SENIOR ADVOCATE)
AND:
1. STATE OF KARNATAKA,
-2-
WP No. 2234 of 2023
REP BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
HUDSON CIRCLE,
BENGALURU - 560 001.
3. THE ASSISTANT ENGINEER,
BBMP WARD NO.82, OLD NO.25,
(BABUSAPALYA), 3RD BLOCK
HBR LAYOUT, BENGALURU - 560 043.
4. THE CHAIRMAN, BWSSB
1ST FLOOR, CAVERY BHAVAN,
KEMPEGOWDA ROAD,
BENGALURU - 560009.
...RESPONDENTS
(BY SRI. NITYANANDA K R, AGA FOR R1;
SRI. PAWAN KUMAR, ADVOCATE FOR R2 AND R3;
SRI. MONESH KUMAR, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-
2 AND 3 TO CONSIDER THE REPRESENTATION DATED
22/09/2022 FOUND AT ANNEXURE-D2 BY ASPHALTING (TAR)
THE ROAD WHERE THE PETITIONERS ARE RESIDING AS SO
PER PETITIONER CONCERN AND ETC.,
THIS WP, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
-3-
WP No. 2234 of 2023
ORDER
1. The petitioners are before this Court is before this Court seeking for the following reliefs:
a. Issue a writ of mandamus or any other appropriate writ, directing the Respondent No.2 and No.3 to consider the representation dated: 22.09.2022 found at Annexure-'D2' by Asphalting (tar) the road where the Petitioners are residing as per petitioner concern.
b. Pass any other order which this Hon'ble Court deems fit in the interest of justice and equity.
2. The grievance of the petitioners is that, though the lands of the petitioners came within the purview of the Bruhat Bengaluru Mahanagara Palike (BBMP) in the year 2007, the petitioners do not have adequate road facilities and as such, they have been deprived from access to their property and access to civic amenities and services.
3. On an earlier occasion, on 17.03.2023, the counsel appearing for Bengaluru Water Sewerage Supply Board (BWSSB) had submitted that a sum of Rs.48 Crores, had been paid by BWSSB to the BBMP for the purpose of carrying out necessary works for sanitation and water supply etc. -4- WP No. 2234 of 2023
4. Today, a memo has been filed by the counsel for respondent No.2 enclosing a short term tender notification dated 10.03.2023, which tender will be opened today, i.e., on 24.03.2023 and thereafter, necessary action taken for implementation of the work.
5. The said memo and submission of Sri. Pawan Kumar, learned counsel for respondent No.2 is placed on record.
6. In view of the above, there is nothing further which is required to be considered except to make an observation that respondent Nos.2 and 3 to complete the works of asphalting (tar) the roads and providing water supply and sanitization service at the earliest.
7. The petition is disposed of.
Sd/-
JUDGE GJM List No.: 1 Sl No.: 17