Kondibarao Ghate S/O Malhari Ghate vs The State Of Karnataka & Ors on 13 March, 2017

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Karnataka High Court

Kondibarao Ghate S/O Malhari Ghate vs The State Of Karnataka & Ors on 13 March, 2017

Bench: Rathnakala

                            1




            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

         DATED THIS THE 13TH DAY OF MARCH, 2017

                         BEFORE

          THE HON'BLE MRS. JUSTICE RATHNAKALA


       WRIT PETITION NO. 203722/2016(LB-RES)

BETWEEN

KONDIBARAO GHATE S/O MALHARI GHATE
AGE:50 YEARS, OCC: ADVOCACY
R/O H.NO.8-5-105, GOVIND LAYOUT
JANWADA ROAD BIDAR-585401.
                                         ... PETITIONER
(By Sri JAIRAJ K BUKKA, ADV)


AND

1.    THE STATE OF KARNATAKA
      THROUGH ITS PRINCIPAL SECRETARY
      TO GOVERNMENT M.S.BUILIDNG,
      VIDHANA BEDHI, VIDHANA SOUDHA
      BENGALURU-560001.

2.    THE DEPUTY COMMISSIONER,
      DISTRICT ADMINISTRATION,
      BIDAR DISTRICT, BIDAR-585401.

3.    THE PROJECT DIRECTOR OF DISTRICT
      URBAN DEVELOPMENT BIDAR,
      DISTRICT BIDAR-585401.
                               2




4.   THE PRESIDENT CITY MUNICIPAL COUNCIL
     BIDAR, DISTRICT BIDAR-585401.

5.   THE COMMISSIONER
     CITY MUNICIPAL COUNCIL,
     BIDAR, DISTRICT BIDAR-585401.

6.   THE SANITARY INSPECTOR,
     WARD NO.5, GOVIND LAYOUT
     JANWADA ROAD, BIDAR,
     DISTRICT BIDAR-585401.
                                            ... RESPONDENTS

(By Sri A SYED HABEEB, AGA FOR R1 AND R2;
 SRI. MOHD. WKARUDDIN, ADV FOR R4-ABSENT;
 SRI. GOURISH S KASHAMPUR, ADV FOR R5-ABSENT;
 R3 SERVED)

     THIS WRIT PETITION FILED UNDER ARTICLES 226 &
227 OF THE CONSITTUTION OF INDIA, PRAYING TO ISSUE
WRIT    OF  MANDAMUS/DIRECTION,    DIRECTING   THE
RESPONDENTS TO ATTEND THE GRIEVANCE OF THE
PETITIONER, STATED IN THE REPRESETNATION VIDE
ANNEXURE - A AND THEREBY PROVIDE NECESSARY CIVIC
AMENITIES TO THE PETITIONER AND HIS RESIDENTIAL
HOUSE, ETC.


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

                          ORDER

The petitioner is seeking for a writ of mandamus directing the respondents/authorities to consider his 3 representation at Annexure-A to form the road in sy.no.6, Govind Layout, Janwada road, Bidar, where his residence is located.

2. The petitioner has not filed this petition in the capacity of public interest litigation. His prayer though deserves to be considered by the respondents/authorities since falls within the administrative policy of the local authority, writ jurisdiction cannot be extended to direct his request.

Hence, writ petition is rejected.

Sd/-

JUDGE SGS/JSM

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