IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6746 OF 2019 (GM-RES) BETWEEN:
Ananda Devadiga, Aged about 48 years, S/o Shankara Devadiga, R/at Vathsal Nivas, Near C. J. Church, 76th Badagubettu, Bailuru, Udupi Taluk, Udupi District.
(By Sri. K. A. Ariga, Advocate) AND:
… Petitioner 1. The Karnataka State Costal Zone Management Authority (KSCZMA), Having its office at MS Building, Dr. B. R. Ambedkar Veedhi, Bengaluru-560 001.
Represented by its Member Secretary.
2. Regional Director (Environment), 1st Floor, C Block, Rajatadri, Manipal, Udupi District.
3. Panchayath Development Officer, Haaradi Grama Panchayath, Brahmavar Taluk, Udupi District.
4. Deputy Commissioner, Rajatadri, Manipal, Udupi District.
5. Tahsildar, Brahmavara, Manipal, Udupi District.
6. Hariprasad Shetty, Aged about 52 years, S/o Ananda Shetty, R/at Nadubettu House, Shiriyara Village, Kundapura Taluk, Udupi District.
7. Khatib Mohammad Asib, Aged about 29 years, S/o Khatib Abdul Rasheed, R/at Haifza Manzil, M. B. Road, Malpe, Udupi Taluk and District.
... Respondents (By Sri. Y. D. Harsha, Advocate for R4 & 5) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct respondents No.1 to 5 to take action in accordance with law as per the decision taken by R2 dated 18.01.2017 vide Annexure-A and etc.
This Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Sri. K. A. Ariga, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.4 and 5.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent Nos.1 to 3.
Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition, petitioner has prayed for the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ or order or direction, directing respondents No.1 to 5 to take action in accordance with law as per the decision taken by the respondent No.2 dated 18.01.2017 vide Annexure-A in PRANIPA/CRZ/ZILLA COMMITTEE/2016- 17/844.
b) Grant such other relief or further reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to respondent No.3, namely, Panchayath Development Officer, Haaradi Grama Panchayath, Brahmavar Taluk, Udupi District to decide the representation submitted by the petitioner and to take an appropriate action in accordance with law against respondent Nos.6 and 7.
4. In view of the aforesaid submission and in the facts of the case, writ petition is disposed of with a direction to respondent No.3, namely, Panchayath Development Officer, Haaradi Grama Panchayath, Brahmavar Taluk, Udupi District, to consider and decide the representation submitted by the petitioner by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today after affording an opportunity of hearing to the petitioner and to respondent Nos.6 and 7.
5. It is made clear that this Court has not expressed any opinion on the merits of the claim of the parties.
Sd/- JUDGE Mds/-