Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1986 WP No. 15269 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 15269 OF 2021 (GM-RES) BETWEEN:
SRI. M.P.UMESH S/O. SRI. PUTTEGOWDA, AGED ABOUT 61 YEARS, R/AT JAYALAKSHMI ESTATE, ANEMAHAL, SAKALESHPURA TALUK, HASSAN DISTRICT-573 134. …PETITIONER (BY SRI. PRASHANTHA., ADVOCATE FOR SRI. HARISH.N.K., ADVOCATE)
AND:
1.
HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, 3RD AND 4TH CROSS ROAD, INDIRA NAGAR, SATHYAMANGALA LAYOUT, HASSAN-573 201, REPRESENTED BY PROJECT DIRECTOR.
2.
NATIONAL HIGHWAY AUTHORITY OF INDIA, REGIONAL OFFICE, BENGALURU-TUMKUR ROAD, M.S.RAMAIAH, NAGASANDRA, METRO STATION, BENGALURU-560 073.
REPRESENTED BY ITS REGIONAL OFFICER.
3.
DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573 201.
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
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NC: 2025:KHC:1986 WP No. 15269 of 2021
4.
ASSISTANT COMMISSIONER, SAKALESHPURA SUB-DIVISION, SAKALESHPURA, HASSAN DISTRICT-573 134.
5. TAHSILDAR, SAKALESHPURA TALUK, SAKALESHPURA-573 134. …RESPONDENTS (BY SRI. PADMANABHA HOLLA.S. & SRI.P.V.RAMESH., ADVOCATES FOR R1 & 2;
SRI. MANJUNATHA RAYAPPA., AGA FOR R3 TO 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP ,THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Prashantha., counsel on behalf of Sri.Harish.N.K., for the petitioner has appeared through video conferencing. Sri.Manjunatha Rayappa., AGA for respondents 3 to 5 has appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents to consider the representation in Annexure-A dated 30.09.2020 for taking due steps ensuring free flow of stream water, construction of
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NC: 2025:KHC:1986 WP No. 15269 of 2021
retention wall and to pay compensation to the petitioner who has suffered loss due to negligence of respondents 1 and 2.
3. Heard the arguments and perused the Writ papers with care.
4. The grievance of the petitioner is that the first and second respondents have caused negligence and hence he has suffered loss. The grievance involves disputed questions of fact. The same cannot be considered in the Writ Petition. Hence, I decline to exercise power under the writ jurisdiction. The Writ Petition is devoid of merits and is liable to be dismissed.
5. Resultantly, the Writ Petition is dismissed.
Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 26