GEETHA MISRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri.G.R.Mohan, learned counsel appearing for petitioner, Sri.Vijaykumar A.Patil, learned Government Advocate appearing for respondent Nos.1 to 3 and Sri.D.P.Prasanna, learned counsel appearing for respondent No.4.

(2.) Petitioner is seeking for the following reliefs:

(3.) The sum and substance of the petitioner's grievance is that petitioner and other residents of Rajajinagar, 3rd Block, Bengaluru, have been agitating nuisance caused by the illegal shop keepers on 17th Main, 47th Cross, Rajajinagar, 3rd Block, Bengaluru on the ground they have encroached upon public foot path and put up bunker shops over the storm water drain, inspite of several representations given to authorities, no action has been taken and as such, Public Interest Litigation cannot be was filed before this Court in W.P.No.24276/2015, which was disposed of on 29.06.2015 (Annexure A) with a direction to the then Administrator, Bruhat Bengaluru Mahanagara Palike (BBMP) to consider the representation and on account of, no action being taken, W.P.No.58723/2015 came to be filed and this Court by order dated 18.04.2016 (Annexure-B) had directed the respondent BBMP authorities to clear the footpath and has held that hawkers must do business in moving carts without encroaching the foot path or road side drain. The observation made by the Division Bench of this Court reads as under: