Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 14408 (KAR)

SRI GURUNATH VADDE, v. THE STATE OF KARNATAKA

WP/1886/2025 · 2025-02-04

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4936-DB WP No. 1886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH 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. 1886 OF 2025 (GM-RES) BETWEEN: 1. SRI GURUNATH VADDE S/O. VAJINATH VADDE AGED ABOUT 57 YEARS SOCIAL WORKER R/O. JANASEVA ASHRAMA BHAVANI BIJALAGAON - 585 443 KAMALANAGAR TALUK BIDAR DISTRICT …PETITIONER (BY SRI J.R. MOHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT PUBLIC WORKS DEPARTMENT M.S. BUILDINGS DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT PWD BHAVAN Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:4936-DB WP No. 1886 of 2025 OLD JEWARGI ROAD KALABURAGI - 585 102 3. THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT PWD CIRCLE, PWD BHAVAN OLD JEWARGI ROAD KALABURAGI - 585 102 4. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT PWD DIVISION, NEAR S.P. OFFICE BIDAR DISTRICT BIDAR - 585 401 5. THE ASST. EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT PWD SUB DIVISION SANTAPUR, AURAD TALUK BIDAR DISTRICT - 585 421 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO FIX THE ROAD SPOTS, REPAIR AND MAINTAIN THE ROAD FROM DABAKA VILLAGE, KAMALANAGAR TALUK, BIDAR DISTRICT, TO MAHARASHTRA STATE BORDER, BY CONSIDERING THE REPRESENTATION DATED 30/03/2024 VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:4936-DB WP No. 1886 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. J.R Mohan for the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar for the respondent-State and its authorities, who appeared upon service of copy of the petition in advance. 2. What is prayed in this petition in the context of the above legal provision is to require the respondents to fix the road spots, repair and maintain the road from Dabaka Village, Kamalangar Taluka, Bidar District to Maharashtra State Border by considering the representation of the petitioner which is already made on 30.03.2024. 3. It is the case of the petitioner that the road in question has gone to dilapidated condition due to heavy rains, even the asphalted road has been spoiled and the commuters have been facing serious hardship and inconvenience to reach their destination. It is stated that many years have elapsed in laying the - 4 - NC: 2025:KHC:4936-DB WP No. 1886 of 2025 road and there have been many road spots which have become dangerous to the life and safety of the commuters and passerby. It is stated that the vehicles are also facing difficulty because of the bad condition of the road. 4. Highlighting the functions of the Karnataka State Road Safety Authority under Section 6 of the Karnataka State Road Safety Authority Act, 2017, it was submitted that the respondent- authorities are under statutory obligation to formulate effective road safety policies and implement projects, programmes and schemes relating to road safety from time to time. It was submitted that the authorities are also under obligation to enforce safety standards and awareness programmes. 5. In the facts and circumstances of the case, the Court is not inclined to issue any direction inasmuch as the subject matter lies entirely within the domain of the Executive which has to undertake the road repairing work. 6. However, since the representation of the petitioner is pending from 30.03.2024, it will be appropriate to direct the competent authority-respondent to consider the said representation - 5 - NC: 2025:KHC:4936-DB WP No. 1886 of 2025 and undertake necessary steps with regard to the grievance of the petitioner after examining merits of the grievance. 7. Without going into the aspects urged by the petitioner on merits, the present petition is accordingly disposed of by directing the respondent-competent authority to decide the representation of the petitioner within eight weeks from today. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 13