Karnataka High Court
Sri. Gurunath Vadde vs The State Of Karnataka on 22 October, 2024
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NC: 2024:KHC:42346-DB
WP No. 27309 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT PETITION NO. 27309 OF 2023 (GM-RES-PIL)
BETWEEN:
1. 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 AND:
PRABHAKAR
SWETHA
KRISHNAN 1. THE STATE OF KARNATAKA
Location: REP. BY ITS PRINCIPAL SECRETARY
High Court of TO THE GOVERNMENT
Karnataka
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ,
M.S. BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
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WP No. 27309 of 2023
TO THE GOVERNMENT,
DEPARTMENT OF PLANNING,
PROGRAMME MONITORING AND STATISTICS,
M.S. BUILDINGS,
DR. B.R. AMBEDKAR VEEDHI,
BEGALURU - 560 001.
3. THE SECRETARY
KALYANA KARNATAKA REGION
DEVELOPMENT BOARD
"ABHIVRUDHI BHAVAN",
OPP: IVAN-E-SHASHI GUEST HOUSE,
KALABURGI - 585 102.
4. THE DEPUTY COMMISSIONER
BIDAR DISTRICT,
NANDI COLONY,
BIDAR - 585 401.
5. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH,
FORT ROAD,
BIDAR - 585 401.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1, R2 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUION OF INDIA PRAYING TO CALL
FOR THE ENTIRE RECORDS PERTAINING TO THE CASE ON
HAND FROM THE RESPONDENTS AND PERUSE THE SAME
AND DIRECTING THE RESPONDENTS TO DEVELOP THE
KACCHA-ROAD FROM BHAVANI BIJALGAON VILLAGE TO
SANGANAL CROSS, KAMALANAGAR TALUK, BIDAR DISTRICT,
WHICH MEASURES ABOUT 2 KMS. BY CONSIDERING THE
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WP No. 27309 of 2023
REPRESENTATION DATED 20/09/2023 MADE BY THE
PETITIONER VIDE ANNEXURE-E & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. J.R. Mohan for the
petitioner.
2. The petitioner, claiming to be public spirited person
and a social worker, prays this Court to issue a writ of
mandamus directing the respondents to develop the roads
from Bhavani Bijalgao Village to Sanganal Cross Village
considering the representation dated 20.09.2023 already
made by the petitioner.
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3. The construction of road, alignment of road or repair
of road etc., and the functions of such nature lie purely
within the domain of the Executive. In view of the decision
of this Court in Sri. Iranna and another Vs. Union of
India and others, which was Writ Petition No.5201 of
2024 decided on 15.04.2024, such grievances cannot fall
within the public interest jurisdiction to be invoked before
this Court and the public interest litigation would not be
liable to be entertained in that regard.
4. However, learned advocate for the petitioner, in
course of the submissions, submitted that he may be
permitted to pursue his representation already pending
before the competent authority.
5. In that view, while not entertaining the petition, the
petitioner is at liberty to pursue the representation dated
20.09.2023.
6. The competent authority of the respondent shall
consider the same in accordance with law and on merits.
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7. The petition is disposed of accordingly, however,
without expressing any opinion in relation to the
grantability or otherwise of the request made in the
representation.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
CR
