Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 45397 (KAR)

SRI.MADASAMY S v. THE COMMISSIONER

WP/34855/2024 · 2025-02-25

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8293 WP No. 34855 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34855 OF 2024 (LB-BMP) BETWEEN: 1. SRI. MADASAMY S S/O SUBIRAMANIYAN, AGED ABOUT 70 YEARS, R/O. NO.70, WARD NO 20, GANGANAGAR NORTH, R.T.NAGAR POST BENGALURU-560 032 PRESENTLY RESIDING MADASAMY S NO.3, SHREE ILLAM, 2ND CROSS, YELLAMMA KOIL STREET RK MUTT, HALASURU-560 008. …PETITIONER (BY SRI. HARISH N.R., ADVOCATE) AND: 1. THE COMMISSIONER BBMP, HUDSON CIRCLE, BENGALURU-560 002. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8293 WP No. 34855 of 2024 2. THE CHIEF ENGINEER BBMP OFFICE, WARD 20, GANGA NAGAR-560 032 BENGALURU URBAN. 3. THE EXECUTIVE ENGINEER BBMP OFFICE WARD 20 GANGA NAGAR-560 032 BENGALURU URBAN. 4. ASSISTANT EXECUTIVE ENGINEER BBMP OFFICE, WARD 20, GANGA NAGAR-560 032 BENGALURU URBAN. 5. BENGALURU METROPOLITAN TASK FORCE BBMP OFFICE BUILDING N.R.SQUARE, BENGALURU-560 002 PH-080-2275586 REP. BY IT’S ADDL. DIRECTORE GENERAL OF POLICE. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DTD. 07.10.2024, PRODUCED AND MARKED AS ANNX-L, M AND N TO THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:8293 WP No. 34855 of 2024 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this Writ Petition is for issuance of a direction to the respondents to consider the representations dated 07.10.2024, copies of which are produced as Annexures-L, M and N. 2. It is the case of the petitioner that the area earmarked as the road (as indicated in Annexure-G) is inaccessible, since no road, as such, has been formed. Copies of the photographs too indicate that though there is an area earmarked as road, the same is not motorable and cannot be used to access the petitioner’s property. 3. Learned counsel for the Bruhat Bengaluru Mahanagara Palike ('the BBMP') filed a Memo which reads as follows- - 4 - NC: 2025:KHC:8293 WP No. 34855 of 2024 “MEMO The undersigned counsel for the respondents (BBMP) on instructions from the concerned Assistant Executive Engineer – Ward No.20, Ganga Nagar, herein respectfully submits that the formation of road in Street ID W0120 of Ward:20 (Ganganagar), which is existing towards northern side of 6th Cross, Ganganagar north locality (Ward No.20) has been included in Program of Work (POW) for the year 2025-26 (Budget), as such the road could be formed by the end of the year 2025 for the use of residents of the locality as well as for the use of general public subject to the allocation of budget for the year 2025-26 for the formation of road, in the interest of justice and equity.” 4. In the light of the above, the BBMP is directed to ensure that the road is formed by the end of the year 2025 and the Commissioner is directed to look into the matter and ensure that the funds for formation of this road are allocated in the budget for the year 2025-26 by taking into consideration the fact that - 5 - NC: 2025:KHC:8293 WP No. 34855 of 2024 the petitioner’s property itself cannot be accessed. Writ Petition is, accordingly, disposed of. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 44