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2017 DIGILAW 376 (KAR)

M RAMACHANDRA v. STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SODHA

2017-02-07

R.B.BUDIHAL, SUBHRO KAMAL MUKHERJEE

body2017
ORDER : By filing this writ petition, as a public interest litigation, the writ petitioner has sought for quashing of the order dated May 10, 2016, passed by the fifth respondent. 2. The grievance of the writ petitioner is that while identifying and demarcating the control lines and building lines of the major district road running through Nelamangala town and connecting to the national highway at both ends, the authorities have violated the relevant government order. 3. On an earlier occasion, the writ petitioner and another person filed Writ Petition Nos 55098-55099 of 2015, and this court disposed of said writ petitions, directing the petitioners to make a representation to the respondent No 5 in this writ petition. 4. Accordingly, the writ petitioner made a representation to the fifth respondent. In this regard, there was a discussion in the office of the Chief Engineer, Communication and Building, in the presence of all stakeholders. It was observed that the right of way of the road is 12.5 metres from the centre. It was noted that earlier, national highway was of two lane with seven metre carriage way and presently it has been upgraded to four lane with fifteen metre carriage way. 5. By the impugned order, the Assistant Executive Engineer, Nelamangala subdivision, was directed to fix the boundary stone of right of way immediately as per the decision taken in the said meeting. 6. Thus, it is seen that the grievance of the writ petitioner has been considered and remedial measures are issued. 7. Therefore, we do not find any ground to entertain this writ petition, as nothing is to be decided further in writ petition. 8. Writ petition is dismissed. 9. There will be no order as to costs.