LAWS(KAR)-2018-2-480

SRI B. SHREEPATHI BHAT AND OTHERS Vs. THE STATE OF KARNATAKA REPTD. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA AND OTHERS

Decided On February 22, 2018
Sri B. Shreepathi Bhat And Others Appellant
V/S
The State Of Karnataka Reptd. By Its Chief Secretary, Vidhana Soudha And Others Respondents

JUDGEMENT

(1.) The petitioners are before this Court seeking issue of mandamus to direct respondent No.2 to consider the representation submitted by the petitioners as at Annexure 'A' to the petitions.

(2.) The petitioners are the residents of the address as indicated in the petitions. The case of the petitioners is that the area wherein the petitioners are residing being backward area and since the river known as 'Payaswini' is passing therein, a bridge was required for the villagers to cross the river. In that regard the petitioners contend that a consideration was made and a hanging bridge was sanctioned. The grievance of the petitioners at present is that though the bridge was sanctioned to be constructed at the spot where there is a continuation road leading to Majagundi, presently the respondents have altered the said position and are constructing the bridge at the place where after crossing the river there is no road available to continue the onward journey for which there is need to acquire private property which would not be justified. Hence, the petitioners are before this Court.

(3.) It is to be taken note that the petitioners in fact at an earlier point had filed the petition in W.P. No.7383/2017 which was disposed of on 24.03.2017 with an opportunity to the petitioners to file an appropriate representation and a direction to respondent No.2 to consider and dispose of the matter. It is the case of the petitioners that though such representation was made and also a legal notice dated 27.04.2017 was issued, the respondents unmindful of the directions issued earlier had proceeded with the construction without addressing the concern of the petitioners. It is in that light the petitioners are before this Court.