Karnataka High Court
Mr Shivaram Gopal Krishna Gaonkar vs The Deputy Commissioner on 18 February, 2025
-1-
NC: 2025:KHC:7175-DB
WP No. 4534 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 4534 OF 2019 (LB-RES-PIL)
BETWEEN:
1. MR. SHIVARAM GOPAL KRISHNA GAONKAR
S/O GOPAL KRISHNA GAONKAR
AGED ABOUT 42 YEARS
AGRICULTURIST AND PRESIDENT OF
BHARATHIYA KISAN SANGHA
UTTARA KANNADA
RESIDING AT HALUVALLI RH POST
KALLESHWARA, ANKOLA TALUK
UTTARA KANNADA DISTRICT - 581 314.
Digitally
signed by H ...PETITIONER
K HEMA
Location: (BY SRI SUNIL KUMAR H., ADVOCATE)
High Court
of
Karnataka
AND:
1. THE DEPUTY COMMISSIONER
UTTARA KANNADA
UTTARA KANNADA DISTRICT - 581 301.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT
-2-
NC: 2025:KHC:7175-DB
WP No. 4534 of 2019
ANKOLA TALUK
UTTARA KANNADA DISTRICT - 581 301.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R.1;
SRI ASHOK N. NAYAK, ADVOCATE FOR R.2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT
TO CONSIDER THE REPRESENTATION DATED 24.12.2018
AND REPAIR THE PUBLIC WORK BETWEEN GULLAPURA TO
HALAVALLI OF ANKOLA TALUK, UTTARA KANNADA DISTRICT
VIDE ANNEXURES-A AND A1, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
-3-
NC: 2025:KHC:7175-DB
WP No. 4534 of 2019
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Sunil Kumar H. for the petitioner,
learned Additional Government Advocate Smt. Niloufer Akbar for
respondent No.1 and learned advocate Mr. Ashok N.Nayak for
respondent No.2.
2. In the present petition filed under Article 226 of the
Constitution styling it as public interest petition, the petitioner who
is a resident of Ankola Taluka, Uttara Kannada District, prayed to
direct the respondents to consider the representation of the
petitioner dated 24.12.2018 and to repair the public road between
Gullapura and Halavalli located in Ankola Taluka, Uttara Kannada
District.
3. The grievance of the petitioner is that the public road from
Gullapura to Kammani located in Ankola Taluk falls under the
jurisdiction of the Dongri Grama Panchayat. The petitioner wants
the road to be asphalted for the use of the people of Dongri village
and surrounding areas. It was stated that the Government had
NC: 2025:KHC:7175-DB
sanctioned a sum of Rs.48,25,000/- for asphalting the road in
question. However, the road is still in bad condition.
4. At the outset, it is required to be observed that though the
authorities bear an obligation to upkeep and maintain the
conditions of the road for smooth movement of the pedestrian and
vehicular traffic, the repair of road, laying or extension or alignment
of the road are the issues which cannot be the subject matter of the
public interest petition inasmuch as these questions entirely fall
within the domain of the Executive.
5. Nevertheless, noticing the affidavit and response filed by
respondent No.2, it was stated that the estimated cost amount of
Rs.48,25,000/- has been sanctioned in the month of November
2018 and immediately thereafter the tender was invited for repair
work of the road and the contractor has completed the repairing
and recarpeting work of the road from Mattigatta Kammani to
Halavalli road (five kilometres) as per the tender agreement.
Accordingly, it was stated that the respondents have already
asphalted five kilometres road of the above stretch. It was also
stated that the estimation was prepared and was submitted for
NC: 2025:KHC:7175-DB
repair of the entire stretch of 23.23 kilometres. This shows that
authorities have taken steps in the directions.
5.1 Furthermore, in course of the hearing today, learned
advocate Mr. Ashok N.Nayak for respondent No.2 submitted a
memo dated 18.02.2025 producing the communication issued from
the office of the Assistant Executive Engineer, Panchayath Raj
Engineering Sub-Division, Ankola addressed to the Chief Executive
Engineer, Zilla Panchayath, Karwar. It deals with the subject of
releasing the funds for repair of the road from Gullapura to
Kammani in Dongri village.
5.2 In the said communication, the estimation of the expenses
for reconstruction of the road is indicated and it was stated that the
said estimation was sent to the State Government to show that the
work could be immediately started. It was further stated that the
road from Gullapura to Kammani comes under the jurisdiction of
the Dongri Gram Panchayat in Ankola Taluka which has been
upgraded from rural road to District main road in the year 2020 and
was handed over to Public Works Department which had formed
concrete road from the chain 0.00 to 10 kilometers in the year
2020-21.
NC: 2025:KHC:7175-DB
5.3 It was next stated that the next part of the road from chain
10.00 kilometers to 14 kilometers of the stretch of 4 kilometers in
total has been reconstructed as concrete road in the year 2023-24
by the Karnataka Rural Road Development Authority. It was further
stated that the chain of the road length from 14.00 kilometers to
24.00 kilometers which was earlier constructed by the Karnataka
Rural Road Development Authority, is under maintenance.
6. In that view, it is clear that the authorities have been taking
care to upkeep and maintain the road and the amount towards the
road maintenance is spent to the benefit of the public at large. No
case is made out to pass any further orders in this petition. This
petition is not entertained and stands disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
hkh.
