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1998 DIGILAW 590 (KAR)

K. N. SUBBA REDDY v. KARNATAKA HOUSING BOARD, BANGALORE

1998-08-27

K.R.PRASADA RAO, R.P.SETHI

body1998
R. P. SETHI, C. J. ( 1 ) IN this petition filed in public interest prayer is made for issuance of the direction to the respondent not to close the alleged entrance by putting up compound wall and thereby obstructing the ingress and egress to the office of the Consumer Forum. It is further prayed that a direction be issued to the respondent to put up small gate to regulate the movement of visitors to its office. It is alleged that the office of respondent-Board is situated in Kempegowda Road, bangalore where other offices like Karnataka Electricity Board and that of the Consumer Forum are also located. Towards the northern side of these buildings, City Civil Court Complex and advocates Association are also located. In between these two premises, compound wall is built with two or three entrances meant for the respondent-Board and the Karnataka Electricity Board. The entrance to the respondent-Board is claimed to be very important because that has an access to the Consumer Forum office also. The respondent-Board is alleged to have put up a wall thereby closing the gate with the result that lot of inconvenience is alleged to have caused to the public. The action of the respondent has been termed to be arbitrary. ( 2 ) IN the reply affidavit filed on behalf of the respondent-Board, it is submitted that the writ petition was not maintainable as no fundamental or legal right of any citizen is alleged to have been violated. Mere inconvenience caused to a section of the public do not warrant issuance of directions as prayed. The respondent have placed on record a sketch showing that there were three buildings in the area having separate entrances facing Kempegowda Road to the south and dr. Ambedkar Road to the west. The members of public as well as the officials are using the aforesaid entrance as ingress and egress to the buildings. Anyone from the Court complex of advocates Association can use the road to go to Kempegowda Road and enter the concerned office through the gate therein. The disputed rear gate was decided to be closed as a measure of safety and security. It is alleged that there had been frequent quarrels on spot forcing the respondent-Board to close the gate. Anyone from the Court complex of advocates Association can use the road to go to Kempegowda Road and enter the concerned office through the gate therein. The disputed rear gate was decided to be closed as a measure of safety and security. It is alleged that there had been frequent quarrels on spot forcing the respondent-Board to close the gate. ( 3 ) IN exercise of powers under Article 226 of the Constitution in matters initiated in public interest this Court cannot pass any order unless the person or group of persons approaching the court show that on account of the impugned action, some fundamental or legal right of any citizen has been violated. The power of this Court cannot be utilised which may deprive a person or authority of the user of his or their property. Issuance of directions amounting to deprivation of the property may be unconstitutional violating Article 300-A of the Constitution. Mere inconvenience in approaching a particular office or building cannot be made a basis for issuance of the directions at the instance of a person not aggrieved. Otherwise also the disputed questions of fact regarding the approach, the existence of the passage and ingress and egress to the building cannot be adjudicated in the petition filed under Article 226 of the Constitution. ( 4 ) THE writ petition having no merit is accordingly dismissed.