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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JANUARY, 2021

PRESENT

THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.5757 OF 2020(GM-RES-PIL)

BETWEEN:

RAMESH NAIK .L

S/O LATE LAKSHMAN NAIK .R

AGED ABOUT 38 YEARS

KADARANAHALLI THANDYA

URDIGERE HOBLI

TUMKURU TALUK AND DISTRICT - 572 140

ADVOCATE BY PROFESSION

... PETITIONER

(BY SHRI. RAMESH NAIK .L, PARTY IN PERSON)

AND:

1 . NATIONAL HIGHWAY AUTHORITY OF INDIA

G 5 AND 6, SECTOR,-10

DWARKA

NEW DELHI - 110 075

REPRESENTED BY

PROJECT DIRECTOR

NHAI, NEAR J.M.I.T.CAMPUS

NH-4(K.M. 201)

CHITRADURGA - 577 502

2 . TUMKUR CITY CORPORATION

THROUGH ITS COMMISSIONER

TOWN HALL

BHAGWAN MAHAVEER ROAD

NEAR RAILWAY STATION ROAD

GANDHINAGAR

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TUMKUR - 572 102

... RESPONDENTS

(BY SHRI. D.S. MANOHAR, ADVOCATE FOR

SHRI. R.V. NAIK, ADVOCATE FOR R1

SHRI. VINAYAKA BHAT, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA, PRAYING TO R-1 TO REMOVE

THE MEDIAN GRILL AND DIVIDER BETWEEN MAIN HIGHWAY

ROAD AND ADJACENT PARALLEL SERVICE ROAD AT FIRE

STATION SIDE OF THE FIRE STATION/BMT BUS HALTING

POINT IN SIMILAR TO WHAT IS DONE ON THE OPPOSITE SIDE

(HMT, APMC GATE), TO FACILITATE ALL THE PUBLIC SERVICE

CITY/KSRTC BUSES TO HALT THE BUSES ON ADJACENT

SERVICE ROAD AND THEREBY AVODING THE CAUSING OF

ANY ACCIDENTS ON MAIN HIGHWAY ROAD AND ETC.

THIS PETITION COMING ON FOR ORDERS THROUGH

VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE

FOLLOWING:

ORDER

Heard the petitioner appearing in person.

2.

There are two substantive prayers made in this

writ petition, which read thus:

"1.

Issue a writ in the nature of mandamus to

Respondent No.1 to remove the median grill and divider

between main highway road and adjacent parallel

service road at Fire station side of the Fire station/HMT

bus halting point in similar to what is done on the

opposite side(HMT, APMC gate), to

facilitate

all

the

public service City/KSRTC buses to halt the buses on

adjacent service road and thereby avoiding the causing

of any accidents on main highway road.

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2.

Issue a writ in the nature of mandamus to

Respondent No.2 to provide a Foot Over-bridge, bus

shelter on either side of the adjacent, parallel service

road to main highway road at this Fire station/HMT public

service bus halting point of Tumkur City so that it will be

of very useful for the commuter to board and de-board

the public service buses."

3.

The petitioner appearing in person relies upon

Annexure-A

which

is

an

interim

order

passed

in

W.P.No.29466/2018 filed by him. The petitioner has invited our

attention to the prayer made in I.A.No.1/2021 for appointing a

Court Commissioner. He submitted that an undertaking has

been given by the KSRTC in paragraph 7 of the statement of

objections filed in the earlier petition filed by the petitioner. He

has drawn our attention to the photographs annexed to the I.A.

4.

Firstly, from a plain reading of the prayers made in

this petition, it is obvious that the prayers are misconceived, in

the sense, that a writ Court cannot decide where median grills

and dividers should be fixed on the Highways and where there

should be bus stops. Secondly, the earlier petition being

W.P.No.29466/2018 was disposed of by an order dated 4^th

April 2019. The said order notes that the present petitioner had

sought a direction to the respondents to provide a bus-bay and

bus-shelter in Tumkur Town on the National Highway, at the

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spot where Hindustan Machine Tools and a Fire Station are

situated opposite to each other. Thus, it is apparent that a part of

the prayer (1) in this writ petition is covered by the prayer in the

said earlier writ petition. Moreover, while dismissing the earlier

writ petition filed by the petitioner appearing in person, in

paragraph 10, the Division Bench