1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 17 TH DAY OF SEPTEMBER 2012 PRESENT THE HON BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE AND THE HON BLE MRS.JUSTICE B.V.NAGARATHNA Writ Petition No.21205/2012 C/W Writ Petition No.23618/2012 (LB-RES-PIL) Writ Petition No.21205/2012 BETWEEN: MR. VAZEER KHAN S/O LATE P M KHAN AGED ABOUT 58 YEARS R/AT KHAN MANJIL NEAR MINI VIDHANA SOUDHA KARKALA-574 104,. (BY SRI RAGHAVENDRA KATTIMANI N, ADV., ) AND: 1. THE SECRETARY TO GOVERNMENT DEPARTMENT OF URBAN AND RURAL DEVELOPMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER UDUPI.... PETITIONER
3. THE REGIONAL TRANSPORT OFFICER UDUPI. 4. CHIEF EXECUTIVE OFFICER TOWN MUNICIPALITY -574 104. 2 5. THE PRESIDENT TOWN MUNICIPALITY -574 104.... RESPONDENTS (BY SRI BASAVARAJ KAREDDY, PRL. GA FOR R1-R3 & SRI PRASANNA V.R., ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIERCT THE RESPONDENTS TO RUN THE BUS STAND AT BANDIMUT WHEREIN NEWLY CONSTRUCTION HAS BEEN TAKEN PLACE AT TH INTEREST OF THE GENERAL PUBLIC OF THE ABOVE MENTIONED TOWN & ETC. Writ Petition No.23618/2012 BETWEEN: 1. MR MOHAMMED SHAREFF S/O RAHIM AGED ABOUT 35 YEARS "RIMSHA MANZIL" BANGLE GUDDE POST: KUKKUNDOOR -576117
3 2. MR PRADEEP S/O SOMANATH AGED ABOUT 23 YEARS "MOOKAMBIKA NILAYA" BANGLE GUDDE POST: KUKKUNDOOR -576117 3. MR RIZWAN KHAN S/O FAYAZ KHAN AGED ABOUT 24 YEARS "KHAN VILLA" SHAKTHINAGAR JODURASTHE -576117 4. MR RAMAKRISHNA SHENOY S/O VITTAL SHENOY AGED ABOUT 40 YEARS NEAR VETERINORY HOSPITAL SALMAR, KARKALA-571404 5. MR MUSHEER KHAN S/O FAYAZ KHAN AGED ABOUT 23 YEARS "KHAN VILLA" SHANKTHINAGAR JODURASTHE KARKALA-576117 6. MR SURESH B SHETTY S/O BOGGU SHETTY AGED ABOUT 40 YEARS BANDIMUTT TALUK OFFICE-KRARKALA 574 104
7. MR VENKATESH S/O HIRIYANNA SHETTY AGED ABOUT 40 YEARS RAGHAVENDRA NILAYA "PARAPPU" KUKKUNDOOR-576 117, 4 8. MR K RAMESH POOJARY S/O SUNDAR KOTIAN AGED ABOUT 48 YEARS SAROJINI NILAYA BANGLE GUDDE POST: KUKKUNDOOR -576117 9. MR RAJESH DEVADIGA S/O LAXMINARAYANA K AGED ABOUT 42 YEARS "SRI DEVI PRASAD" KALLOTTE KARKALA -574 104 10. MR RAJENDRA DEVADIGA S/O LAXMINARAYANA K AGED ABOUT 40 YEARS "SRI DEVI PRASAD" KALLOTTE KARKALA -574 104 11. MR KUSHA MOILY S/O GOPAL MOILY AGED ABOUT 45 YEARS JARIGUDDE-SALMAR KARKALA -574 104 12. MR PRAVEER JAIN S/O NAMIRAJA HEGDE AGED ABOUT 24 YEARS
5 AYERE HOUSE SHIRLAL VILLAGE P.O.HADIYANGADI 13. MR RUDRAPRASAD ARAS H V S/O VEERAPPAJI AGED ABOUT 26 YEARS OPP: BANDIMUTT BUS STAND KARKALA- 574104 14. MR BINU A NAIR S/O APPU KUTTAN NAIR AGED ABOUT 26 YEARS OPP: BUNDIMUTT BUS STAND KARKALA- 574104 15. MR VIVEKANANDA C L S/O LOLAKSHA AGED ABOUT 26 YEARS OPP: BUNDIMUTT BUS STAND KARKALA- 574104 16. MR M K CHANDRAKUMAR UPADHYAYA S/O M K UPADHYAYA AGED ABOUT 45 YEARS NEAR MOODU GANAPATHY TEMPLE OPP: BUNDIMUTT BUS STAND KARKALA- 574104 17. MR BIPINCHANDRA PAL NAKRE S/O V APPANNA POOJARI AGED ABOUT 62 YEARS "EESHA VYASAM" POST-NAKRE
18. MR K SATHYANARAYANA KINI S/O SHANKAR KINI AGED ABOUT 42 YEARS K H B COLONY KUKKUNDOOR POST & VILLAGE -576117 19. MR SHEIK IBRAHIM S/O PEERU SAHEB AGED ABOUT 50 YEARS NEAR MARUTHI GARAGE ANCHIKATTE KUKKUNDOOR-576117 20. MR EDWRD ANTONY D SOUZA S/O LATE VINCENT D SOUZA AGED ABOUT 31 YEARS "D SOUZA MANSION" P.O. KUKKUNDOOR-576117 6 21. MR HERMAN CASTELINO S/O ALEX CASTELINO AGED ABOUT 42 YEARS CHOLPADY-KABETTU -574104 22. MR PRAKASH SHETTY S/O LATE SANJEEVA SHETTY AGED ABOUT 45 YEARS "PRAKASH NIVAS" NEAR TALUK OFFICE KARKALA-574 104
23. MR SYED SADIQ S/O SYED MOISIN AGED ABOUT 21 YEARS HUDCO COLONY P.O.KUKKUNDOOR-576117 24. MR VASEEM AKRAM S/O ASFAQ AHMED AGED ABOUT 21 YEARS SHAMA COMPOUND HIMMUNJE ROAD P.O. KUKKUNDOOR-576 117 25. MR SHEIKH RIZWAN S/O ABDUL AZIZ AGED ABOUT 34 YEARS "5 CENTS" - CHOLPADY KABETTU: KARKALA-574 104 26. MR RAYYAN AHAMAD S/O RAFEEQ AHAMAD AGED ABOUT 21 YEARS IMRAN MANZIL NEAR KMES SCHOOL P.O. KUKKUNDOOR-576 117 27. MR VYSHAK S/O SHEKHAR H AGED ABOUT 25 YEARS "VYSHAK HOUSE" NEAR TALUK OFFICE KARKALA-574 104 7
28. MR MOHAMMAD NAVEED S/O MOHAMMAD NAZIM AGED ABOUT 27 YEARS "RAJU GUDDE HOUSE" HIRGANA POST: 29. MISS SHOBITHA B SHETTY D/O BHASKAR N SHETTY AGED ABOUT 20 YEARS "NITHYA NILAYA HOUSE" PARAPPU - POST: KUKKUNDOOR-576117 30. MISS SHAMITHA B SHETTY D/O BHASKAR N SHETTY AGED ABOUT 22 YEARS "NITHYA NILAYA HOUSE" PARAPPU - POST: KUKKUNDOOR-576117 31. MR NABIL RIYAZ S/O RIYAZUDDIN AGED ABOUT 21 YEARS 250/2, SHWETHA APARTMENT NEAR TALUK OFFICE KARKALA-574104 32. MR MOHAMMAD MUSTAFA S/O K M HANEEF AGED ABOUT 38 YEARS M H MANZIL NEAR TALUK OFFICE P.O. KUKKUNDOOR-576117 8 33. MR ANSHAD S/O MOHAMMAD NISSAR AGED ABOUT 23 YEARS
9 "A M RAFEEQ MANZIL" PERVAJE ROAD KARKALA-574104 34. MR MOHAMMAD SAIF S/O K F MOHAMMAD AGED ABOUT 24 YEARS "SAIF COMPLEX" SALMAR KARKALA-574104.... PETITIONERS (By Sri. ABUBACKER SHAFI Adv. FOR ABUBACKER SHAFI & ASSTS.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE 2. THE DEPUTY COMMISSIONER UDUPI 3. THE TAHSILDAR KARKALA 4. THE CHIEF OFFICER TOWN MUNICIPALITY KARKALA.... RESPONDENTS (By Sri.BASAVARAJ KAREDDY, PRL.GA FOR R1-3 SRI PRASANNA V.R., ADV. FOR R4)
10 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE RESOLUTION DATED 13.4.2012 PASSED BY THE TOWN MUNICIPALITY KARKALA MARKED AS ANNEXURE-P & ETC. THESE WRIT PETITIONS COMING ON FOR PRLY.HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING: O R D E R VIKRAMAJIT SEN, C.J. (Oral) : These are Public Interest Litigations praying for the exclusive operation of the new site as bus stand at Bandimutt, in place of the old bus stand. 2. It is contended that the local public is opposed to return to the old position where the bus stand in the congested part of Karkala was being used. 3. It is further contended that almost Rs.1.50 Crores has been spent on the construction of the new bus stand which is now being used as a dump yard and is also abused by anti social elements. No law has been violated by the Municipality in resuming past operation at the old bus stand. It is also evident that as per Resolution dated 5.3.2011, it is intended to use both the bus stands for bus journeys. These decisions are essentially
11 administrative in nature and do not call for any further consideration by the High Court. 4. We are in no doubt that the Municipality shall give effect to its Resolution to use both the bus stands. of. With these observations, Writ Petitions are disposed Sd/- CHIEF JUSTICE Ap/- Sd/- JUDGE