Karnataka High Court
Shri Azeez Khan vs The State Of Karnataka on 11 March, 2016
Bench: Chief Justice, Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11th DAY OF MARCH, 2016
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.38785 OF 2015 (GM-RES-PIL)
BETWEEN:
1. SHRI AZEEZ KHAN
S/O AZMAL KHAN
AGED ABOUT 50 YEARS
OCC:PRIVATE SERVICE
WARKER STREET
KOPPAL-583 231
2. SHRI MAHANTESH KOTABAL
S/O LATE MUDIYAPPA KOTABAL
AGED ABOUT 49 YEARS
OCC:PRIVATE SERVICE
HOUSE NO.59
BELDAR COLONY
KUSTHAGI ROAD
KOPPAL-583 231
3. SHRI SURESH ARVATAGI
S/O LATE NARAYAN
AGED ABOUT 38 YEARS
OCC:PRIVATE SERVICE
2
KANAKAGIRI ONI
KOPPAL-583 231
4. SMT. SPOORTHI
W/O SHRI VINOD KALASANNAVAR
AGED ABOUT 25 YEARS
OCC:HOUSE WIFE
BELDAR COLONY
KOPPAL-583 231
5. SHRI HULAGAPPA
S/O SHRI YAMUNAPPA
AGED ABOUT 26 YEARS
OCC:PRIVATE SERVICE
HASAN ROAD
KOPPAL-583 231 .. PETITIONERS
(BY SRI JAGADISH D HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
KANNADA AND CULTURAL DEPARTMENT
NO.2, GROUND FLOOR
VIKASA SOUDHA
BENGALURU-560 001
2. THE DIRECTOR
ARCHAEOLOGY MUSUEMS AND HERITAGE
DEPARTMENT
KARNATAKA EXHIBITION
AUTHORITY PREMISES
MYSORE-570 010
3. THE ASSISTANT DIRECTOR
ANCIENT AND HISTORICAL MONUMENTS
ARCHAEOLOGICAL DEPARTMENT
KAMALAPURA-583 221
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4. THE DEPUTY COMMISSIONER
KOPPAL-583 231
5. THE MUNICIPAL COMMISSIONER
CITY MUNICIPAL COUNCIL
KOPPAL-583 231
6. THE EXECUTIVE ENGINEER
PWD DIVISIONAL OFFICE
HOSPET ROAD
KOPPAL-583 231
7. THE SUPERINTENDENT OF POLICE
KOPPAL-583 231 ... RESPONDENTS
(SRI R.DEVDAS, PRINCIPAL GOVERNMENT ADVOCATE FOR R1 TO
R4, R6 AND R7
SRI R.K.KULKARNI, ADVOCATE FOR R5)
---
This writ petition is filed under Articles 226 and 227 of the
Constitution of India, praying to direct the R-4 & 5 to
reconsturct the Gateways, (Kaman) Arches at their earlier
places in Gavimath and Katarki roads where they were situated
at earlier place as per Annexure-Q and R with the same design
(Architecture) within the stipulated time and etc.
This petition coming on for Preliminary Hearing this day,
THE CHIEF JUSTICE made the following:
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ORDER
Mr.R.K.Kulkarni, learned advocate appears for the City Municipal Council, Koppal.
2. This is a writ petition seeking a mandamus to construct the gateways demolished by the City Municipal Corporation.
3. The gateways (kaman) were near Sharada Talkies and Katarki Road. They were in bad shape and were almost crumbling down.
4. Considering threat to public security, proposals were put forward for demolition of such gateways. The City Municipal Council, in the meeting held on August 4, 2014, held that those gateways were not historical monuments and they were not notified as archaeological monuments by the Archaeological Survey of India. Moreover, it was noticed that 5 the existence of those dilapidated gateways was embarrassing smooth transport movements.
5. Mr.Jagadish D.Hiremath, learned advocate for the petitioner, candidly admits that the gateways have been demolished.
6. It is difficult to construct those types of gateways, as in these days masons for making construction of such gateways are not available.
7. For the development of the Koppal town, the authorities had decided to demolish the gateways, inter alia, for smooth movement of the vehicular traffic and to avoid injury to the public.
8. We do not find that the gateways were of historical nature to hold that the Municipal Council acted illegally or without authority in demolishing those structures. 6
We do not find any merit in this public interest litigation.
9. The writ petition is, therefore, rejected. There will be no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE RV