IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.17447 OF 2017 (GM-POLICE) BETWEEN:
1. B SHIVALINGAIAH, S/O LATE BORAIAH, 50 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, BHADRAVATHI-577301.
SHIVAMOGGA DISTRICT.
2. U.DEVENDRAPPA, S/O LATE U ANBASAPPA, 58 YEARS, JUNIOR ENGINEER, PANCHAYATH RAJ ENGINEERING SUB DIVISION, HOSANAGARA, SHIMOGA DISTRICT.
… PETITIONERS (BY MR. T.A.KARUMBAIAH, ADV.) AND:
1. STATE OF KARNATAKA, HOME DEPARTMENT, M.S.BUILDING, DR.B.R.AMBEDKAR ROAD, BANGALORE-560 001.
BY ITS CHIEF SECRETARY.
2. THE SUPERINTENDENT OF POLICE, CHICKMAGALUR DISTRICT, CHICKMAGALUR – 570 068.
3. THE SUPERINTENDENT ENGINEER, PANCHAYATH RAJ ENGINEERING DEPARTMENT, MANGALORE CIRCLE, CORPORATION BUILDING, MANGALORE – 570068.
4. THE CHIEF EXECUTIVE OFFICER, CHICKMAGALUR ZILLA PANCHAYATH, CHICKMAGALUR – 570068.
5. THE EXECTIVE ENGINEER, PANCHAYATH RAJ DEVELOPMENT, CHICKMAGALUR DIVISION, CHICKMAGALUR – 570068.
… RESPONDENTS (BY MR. VIJAYKUMAR A.PATIL, AGA FOR R-1 AND 2 MR.ASHOK N.NAYAK, ADV FOR R-4 AND 5 R3 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 & 2 NOT TO TAKE ANY ACTION AGAINST THE PETITIONERS PURSUANT TO THE STATEMENT MADE BY THE HOME MINISTER ON 20.4.2017 AT CHICKMAGALURU AS PUBLISHED IN THE VIJAYA KARNATAKA KANNADA DAILY NEWS PAPER ON 21.4.2017 VIDE ANNEXUER-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.T.A.Karumbaiah, learned counsel for the petitioners.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 and 2.
Mr.Shok N.Nayak, learned counsel for respondent Nos.4 and 5.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners have prayed for the following reliefs:
(i) Issue a writ of mandamus directing respondent Nos.1 and 2 not to take any action against the petitioners pursuant to the statement made by the Home Minister on 20.04.2017 at Chickmagalur as published in the Vijaya Karnataka Kannada Daily news paper on 21.4.2017 vide Annexure-B.
4. After hearing the learned Additional Government Advocate, no such mandamus can be issued as no cause of action has accrued to the petitioners.
Accordingly, the writ petitions are dismissed.
Sd/- JUDGE SS