IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02nd DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.52074 /2018 (GM-RES-PIL) BETWEEN:
M/S ANTI-CORRUPTION COUNCIL OF INDIA HAVING ITS OFFICE AT NO.27/3 BPH 4TH FLOOR SUMMIT APARTMENT SANKEY ROAD, BENGALURU-560 001 REPRESENTED BY ITS CHAIRMAN MR. HUSSAIN MUEEN FAROOQ (BY Ms, DIPTI DESHMUKH PATIL, ADV FOR SREE RAMA REDDY, ADVOCATES) AND:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001.
2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, HEAD OFFICE ... PETITIONER N.R. SQUARE, BENGALURU-560 001.
3. THE PRINCIPAL ACCOUNTANT GENERAL (A& E), KARNATAKA, PARK HOUSE ROAD, POST BOX NO.5329, BENGALURU-560 001.
4. THE ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001.
5. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT ROOM NO.436, VIKASA SOUDHA BANGALORE-560 001.
6. THE DIRECTOR OF MUNICIPAL ADMINISTRATION GOVERNMENT OF KARNATAKA 9TH AND 10TH FLOORS VISHVESHWARAIAH TOWERS DR. AMBEDKAR VEEDHI BENGALURU-560 001.
7. THE COMMISSIONER KARNATAKA KAUSHALYA MISSION DIRECTORATE OF EMPLOYMENT AND TRAINING, “KAUSHALYA BHAVAN” NEAR DIARY CIRCLE BANNERGHATTA ROAD BENGALURU-560 029.
8. THE COMMISSIONER OF POLICE BENGALURU CITY NO.1, INFANTRY ROAD BENGALURU-560 001.
(BY SRI. D. NAGARAJA, AGA) ..RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO RESPONDENTS TO DO PHYSICAL VERIFICATION OF AVAILABLE HOME SHELTERS IN ORDER TO COMPLY WITH LACK OF INFRASTRUCTURE AND TO VERIFY WHETHER THE FUNCTIONAL SHELTERS ARE IN COMPLIANCE WITH OPERATIONAL GUIDELINES FOR THE SCHEME OF SHELTERS FOR URBAN HOMLESS UNDER NATIONAL URBAN LIVELIHOOD MISSION (NULM) ESPECIALLY IN TERMS OF GAINFUL SELF-EMPLOYMENT AND SKILLED WAGE EMPLOYMENT OPPORTUNITIES.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Having heard the learned counsel for the petitioner and having perused the material placed on record, we are not persuaded to entertain this matter as a public interest litigation (‘PIL’) in this Court, particularly when it is contended by the learned Additional Government Advocate that the basic issue raised in this matter as regards providing shelter homes is sub judice before the Hon’ble Supreme Court in W.P.(Civil) No.55/2003, wherein certain directions have been issued and the matter is posted for hearing in the second week of February, 2019.
The Supreme Court being seized of the basic issue raised in this matter as also the cognate issues, we find no reason to entertain this matter as public interest litigation for the present.
Hence, exercise of PIL jurisdiction in this matter is declined. The petition stands dismissed.
Sd/- CHIEF JUSTICE Sd/- JUDGE *sp