Karnataka High Court
Wing Commander Sri G B Athri vs State Of Karnataka on 15 February, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:6633-DB
WP No. 4257 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 4257 OF 2020 (GM-RES-PIL)
BETWEEN:
Digitally signed
by YASHODHA N WING COMMANDER SRI G.B.ATHRI
Location: HIGH RETIRED
COURT OF
KARNATAKA AGED 65 YEARS
S/O SRI S.N.G. ATHRI
PETITIONER IS EXPIRED
V/O DATED 14/12/2023
PETITIONER IS SUBSTITUTED BY
THE REGISTRAR GENERAL
HIGH COURT OF KARNATAKA
BENGALURU
...PETITIONER
V/O DATED 14/12/2023 REGISTRAR GENERAL
IS TREATED AS PETITIONER
(BY SRI G.R.MOHAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU-560 001
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NC: 2024:KHC:6633-DB
WP No. 4257 of 2020
2. THE PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
3. THE MANAGING DIRECTOR
BESCOM
CBAB COMPLEX, K.G.ROAD
BENGALURU-560 009
4. THE COMMISSIONER, BBMP
N.R.SQUARE
BENGALURU-560 001
5. THE BANGALORE METROPOLITAN
TASK FORCE (BMTF)
NR SQUARE
BENGALURU-560 001
BY ITS ADDITIONAL DIRECTOR
GENERAL OF POLICE
...RESPONDENTS
(BY SRI SRIRANGA, SENIOR ADVOCATE A/W
SRI ARIHANTH R. SUNGAY, ADVOCATE FOR R3;
SMT. M.R. SINCHANA, ADVOCATE FOR R4;
R5-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
OF MANDAMUS AGAINST THE RESPONDENTS TO TAKE STEPS TO
REMOVE THE TRANSFORMERS AND OTHER ELECTRICAL
INSTALLATIONS ON/BELOW THE FOOT PATH AND RELOCATE
THEM WITHIN A TIME SCHEDULE SO THAT PEDESTRIANS' LIVES
WHICH ARE IN DANGER MAY BE PREVENTED.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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NC: 2024:KHC:6633-DB
WP No. 4257 of 2020
ORDER
This writ petition is filed with the following prayer:-
"Issue Writ of Mandamus against the Respondents to take steps to remove the transformers and other electrical installations on/below the foot path and relocate them within a time schedule so that pedestrians' lives which are in danger may be prevented."
2. Shri Sriranga, learned Senior Advocate for respondent No.3-BESCOM1 submitted that as on December 29, 2023, BESCOM has relocated 2583 transformers.
3. Shri G.R.Mohan, learned advocate for the petitioner submitted that a transformer is placed on the footpath in Gandhi Bazaar.
4. Smt. M.R.Sinchana, learned advocate for respondent No.4-BBMP2 submitted the transformer has been fenced with perforated fencing and it does not cause any inconvenience to pedestrians. This fact is not disputed by petitioner's advocate. 1 Bangalore Electricity Supply Company Limited 2 Bruhat Bengaluru Mahanagara Palike -4- NC: 2024:KHC:6633-DB WP No. 4257 of 2020
5. Shri Sriranga further submitted that BESCOM will examine technical feasibility to relocate the transformer or mount it on a pole keeping in view the location.
6. In view of the above, nothing further survives in this petition. However, we trust and hope that BESCOM shall be vigilant and ensure that transformers are not installed in such a manner which would harm pedestrians or hinder traffic movement. BESCOM shall take best technical advice while installing transformers to ensure free passage for pedestrians and movement of vehicles on roads.
7. With the above observations, writ petition stands disposed of.
8. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and they stand disposed of.
No costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE KPS List No.: 1 Sl No.: 41