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2025 DAILYLAW 90732 (KAR)

SRI. RAVINDRA v. MANAGING DIRECTOR

WP/18482/2024 · 2025-10-29

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43844 WP No. 18482 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18482 OF 2024 (GM-RES) BETWEEN: SRI RAVINDRA S/O. GOPALAPPA, AGED ABOUT 50 YEARS, R/AT NO. 68/4, BEHIND SRI BALAMURI GANAPATHI TEMPLE, BEGURU ROAD,BOMMANAHALLI, BANGALORE-560 068. …PETITIONER (BY SRI MOHANKUMARA D, ADVOCATE) AND: 1. MANAGING DIRECTOR, BANGALORE METRO RAIL CORPORATION LTD., BMTC COMPLEX, 3RD FLOOR, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027. 2. DEPUTY CHIEF ENGINEER, BANGALORE METRO RAIL CORPORATION LTD., BMTC COMPLEX, 3RD FLOOR, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027. 3. REGIONAL OFFICER, CHIEF ENGINEER, NATIONAL HIGHWAY AUTHORITY OF INDIA, UTTARAHALLI MAIN ROAD, KENGERI, BANGALORE-560 060. 4. UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, REP. BY ITS SECRETARY, TRANSPORT BHAWAN, PARLIAMENT STREET, NEW DELHI-110 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43844 WP No. 18482 of 2024 5. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA, SUBRAMANI NAGAR, GUDDADHANALLI, HEBBAL, BANGALORE-560 032. 6. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 7. DISTRICT COMMISSIONER, BANGALORE URBAN, KANDAYA BHAVANA, BANGALORE-560 009. …RESPONDENTS (BY SRI M.N HARISH, ADVOCATE FOR R-1 & R-2; SMT. SHOBITH SHETTY, ADVOCATE FOR R-3 TO R-5; SMT. SARITHA KULKARNI, AGA FOR R-6 & R-7; SRI SHANTHI BHUSHAN, DSGI FOR R-4 (MA NOT FILED) V/O DATED 11/7/2024) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2,R-3 TO R-5 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 24.01.24 AND 11.07.24 VIDE ANNEXURE-E, E1, E2, E3. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. "Issue a Writ of Mandamus directing the Respondent No.2, 3 to 5 to consider the representation of the Petitioner dated 24.01.2024 and 11.07.2024 vide Annexure-E, E1, E2, E3. - 3 - HC-KAR NC: 2025:KHC:43844 WP No. 18482 of 2024 b. Pass such other order or orders if it is deem fit under the facts and circumstances of the case in the interest of justice and equity." 2. The grievance of the petitioner is that the representations of the petitioner dated 24.01.2024 and 11.07.2024 at Annexure-E series have not been considered by respondents No.2, 3 to 5. 3. Learned counsel for respondent No.2 submits that respondent No.2 has nothing to do with the said representation, it would only be respondents No.3 to 5 who would have to consider the said representation. 4. Learned counsel for respondents No.3 to 5 submit that the representation itself was submitted on 11.07.2024 and the writ petition was filed on the very same day. The petitioner could not have filed the writ petition on the very same day alleging that the respondents have not considered the representation. - 4 - HC-KAR NC: 2025:KHC:43844 WP No. 18482 of 2024 5. Having heard all the counsels and perusal of all papers would also indicate that there is one other representation of the petitioner dated 24.01.2024, which not being considered, as also representation has submitted on 11.07.2024 to respondent No.2 has nothing to do with the matter. 6. Though the representations have been submitted on 11.07.2024 and the petition has been filed on 11.07.2024 itself, the matter having been taken up today, I am of the considered opinion that a suitable direction could be issued to the respondents No.3 to 5 to consider the representation dated 11.07.2024. as such, I pass the following; ORDER i. The writ petition is disposed of. ii. A mandamus is issued, directing respondents No.3 to 5 to consider the representation dated 11.07.2024 and pass necessary orders within - 5 - HC-KAR NC: 2025:KHC:43844 WP No. 18482 of 2024 four weeks from the date of receipt of a copy of this order. iii. Needless to say, before passing any orders on the said representation a joint inspection of the property to be conducted by respondent No.5. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 40