INDIAN PARTNERSHIP ACT v. SRI. B.S. JEEVAN KUMAR, ADVOCATE FOR R3)
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 44. Accordingly, the writ petition stands disposed of. In view of the disposal of the main matter, I.A.No.1/2024 does not survive for consideration and the same stands disposed of. Sd/- (R DEVDAS) JUDGE
Judgment
M/S. 2M ENGINEERS REPRESENTED BY ITS PARTNER A.S MADHUSUDAN, AGED ABOUT 59 YEARS, S/O A.K. SRIKANTA, D-427, 10TH MAIN, 2ND STAGE, PEENYA INDUSTRIAL ESTATE, BANGALORE - 560 058, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT. …PETITIONER Digitally signed by KAVYA R Location: High Court of Karnataka (BY SRI. SHERVIL ADAPPA, ADVOCATE) AND:
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC WORKS, ROOM NO.335, 3RD FLOOR, VIKASA SOUDHA, BENGALURU - 560 001.
NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G 5 AND 6, SECTTOR-10, DWARKA, NEW DELHI - 110 075. - 2 - NC: 2025:KHC:5204 WP No. 31825 of 2024
HARISH BABU, NO.555, AXIS PADEGAL, 4TH FLOOR, J.P.NAGAR, 3RD PHASE, 9TH CROSS, BENGALURU - 550 078. (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; SMT. SHILPA SHAH, ADVOCATE FOR R2; SRI. B.S. JEEVAN KUMAR, ADVOCATE FOR R3) …RESPONDENTS THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 31.05.2022, IN NO. NHAI/WSA/NORTH/SOUTH/4/2022 ISSUED BY THE R-2 (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioner is that on account of respondent No.2-National Highways Authority of India closing down the existing pathway, the petitioner will have no access to the main road or the National Highway. During the course of these proceedings. This Court had made several suggestions to the parties to amicably settle the matter. - 3 - NC: 2025:KHC:5204 WP No. 31825 of 2024
2. Today, learned counsel for respondent No.2-NHAI has made a statement in the presence of the concerned officials, and while pointing out the sketch filed along with the memo dated 31.01.2025, it is submitted that an access of metalled road will be provided to the petitioner's property, which will measure about 15 feet in width. This access will enable the petitioner to reach the national highway.
3. Having regard to the statement made by learned counsel for respondent No.2, this Court is of the considered opinion that the grievance of the petitioner that he does not have any access to the main road/national highway is redressed at the hands of respondent No.2. Respondent No.2 shall ensure that an access measuring about 15 ft, which will be a continuation of the metalled road 20 ft that respondent No.2 is forming, shall be provided to the petitioners property. Learned counsel for respondent No. 3 (Lessee at the hands of respondent - 4 - NC: 2025:KHC:5204 WP No. 31825 of 2024 No.2) also expresses his satisfaction with the statement made by learned counsel for respondent No.2.
Accordingly, the writ petition stands disposed of. In view of the disposal of the main matter, I.A.No.1/2024 does not survive for consideration and the same stands disposed of. Sd/- (R DEVDAS) JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.