Shivakumar Patil vs the Chief Engineer and Ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1853491
CourtKarnataka Orders High Court
Decided OnDec-18-2024
Case NumberWP/203760/2024
JudgeS.R.Krishna Kumar
AppellantShivakumar Patil
RespondentThe Chief Engineer and Ors
Excerpt:
-1- in the high court of karnataka, kalaburagi bench dated this the 18th day of december, 2024 before the hon'ble mr. justice s.r.krishna kumar writ petition no.203760 of 2024 (gm-res) between: shivakumar patil s/o late channappa patil age 53 years, occ: engineer and contractor residence of 1-11-55/104 nijlingappa colony raichur-584102. …petitioner (by sri. sanjay kulkarni, advocate) and:1. the chief engineer rws and s 1st floor e block khb building, cauvery bhavan k g road , bengaluru 560 009.2. the chief executive officerzilla panchayat yadagir 509210. digitally 3. the superintendent engineer signed by lucygrace rws and s kalaburagi 585 102. location: high court of karnataka 4. the executive engineerrws and s division yadagiri-509 210. …respondents (by smt. maya.t.r, hcgp) this writ petition is filed under articles 226 and 227 of the constitution of india praying to issue a writ of mandamus or any appropriate writ by directing the respondents authorities to consider the petitioner’s representations dated 04-12-2024. 04-12-2024 and 04-12-2024 i.e at annexure-e, f, g and h in the interest of justice and equity. -2-this petition, coming on for preliminary hearing, this day, order was made therein as under: coram: hon'ble mr. justice s.r.krishna kumaroral order(per: hon'ble mr. justice s.r.krishna kumar) in this petition, petitioner seeks the following reliefs:“a) issue a writ of mandamus or any appropriate writ by directing the respondents authorities to consider the petitioner’s representations dated 04.12.2024, 04.12.2024 and 04.12.2024, i.e., at annexures - e, f, g & h in the interest of justice and equity. b) pass any other order, which the hon’ble court deems fit in the interest of justice and equity .”2. heard learned counsel for the petitioner and learned hcgp for the respondents and perused the material on record.3. it is the grievance of the petitioner that his04.12.2024, respectively, submitted to the respondents have not been considered so far by them nor any order has been passed on the same. under these circumstances, the petitioner is before this court by way of the present petition. -3-4. per contra, learned hcgp for respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representations.5. in view of the aforesaid facts and circumstances andrival submissions, the concerned respondents are hereby directed to address the grievance of the petitioner and consider his 04.12.2024, respectively, and pass appropriate order / take appropriate decision in accordance with law, within a period of two months from the date of receipt of a copy of this order.6. with the aforesaid directions, the petition stands disposed of. !"# sv list no.: 1 sl no.: 30
Judgment:

-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.203760 OF 2024 (GM-RES) BETWEEN: SHIVAKUMAR PATIL S/O LATE CHANNAPPA PATIL AGE 53 YEARS, OCC: ENGINEER AND CONTRACTOR RESIDENCE OF 1-11-55/104 NIJLINGAPPA COLONY RAICHUR-584102. …PETITIONER (BY SRI. SANJAY KULKARNI, ADVOCATE) AND:

1. THE CHIEF ENGINEER RWS AND S 1ST FLOOR E BLOCK KHB BUILDING, CAUVERY BHAVAN K G ROAD , BENGALURU 560 009.

2. THE CHIEF EXECUTIVE OFFICER

ZILLA PANCHAYAT YADAGIR 509210. Digitally 3. THE SUPERINTENDENT ENGINEER signed by LUCYGRACE RWS AND S KALABURAGI 585 102. Location: HIGH COURT OF KARNATAKA 4. THE EXECUTIVE ENGINEER

RWS AND S DIVISION YADAGIRI-509 210. …RESPONDENTS (BY SMT. MAYA.T.R, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY APPROPRIATE WRIT BY DIRECTING THE RESPONDENTS AUTHORITIES TO CONSIDER THE PETITIONER’S REPRESENTATIONS DATED 04-12-2024. 04-12-2024 AND 04-12-2024 I.E AT ANNEXURE-E, F, G AND H IN THE INTEREST OF JUSTICE AND EQUITY. -2-

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs:

“a) Issue a writ of mandamus or any appropriate writ by directing the respondents authorities to consider the petitioner’s representations dated 04.12.2024, 04.12.2024 and 04.12.2024, i.e., at Annexures - E, F, G & H in the interest of justice and equity. b) Pass any other order, which the Hon’ble Court deems fit in the interest of justice and equity .”

2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.

3. It is the grievance of the petitioner that his

04.12.2024, respectively, submitted to the respondents have not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition. -3-

4. Per contra, learned HCGP for respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representations.

5. In view of the aforesaid facts and circumstances and

rival submissions, the concerned respondents are hereby directed to address the grievance of the petitioner and consider his 04.12.2024, respectively, and pass appropriate order / take appropriate decision in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the aforesaid directions, the petition stands disposed of. !"# SV List No.: 1 Sl No.: 30