IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.15744 OF 2019 (GM-RES) PIL BETWEEN:
1 . M. THIPPERUDRAPPA S/O LATE M KOTRAPPA AGED ABOUT 63 YEARS R/AT HOLESIRIGERE VILLAGE HOLESIRIGERE POST HARIAHAR TALUK DAVANAGERE DISTRICT 2 . R.T. SOMASHEKHARAPPA S/O LATE BASAPPA AGED ABOUT 58 YEARS R/AT HOLESIRIGERE VILLAGE HOLESIRIGERE POST HARIAHAR TALUK DAVANAGERE DISTRICT 3 . C. SHANTHAPPA S/O LATE C MAHADEVAPPA AGED ABOUT 59 YEARS R/AT HOLESIRIGERE VILLAGE HOLESIRIGERE POST HARIAHAR TALUK DAVANAGERE DISTRICT 4 . M.DEVARAJ S/O LATE HANUMANTHAPPA AGED ABOUT 63 YEARS R/AT HOLESIRIGERE VILLAGE HOLESIRIGERE POST HARIAHAR TALUK DAVANAGERE DISTRICT 5 . M. REVANASIDDAPPA S/O LATE THIRUKAPPA AGED ABOUT 50 YEARS R/AT HOLESIRIGERE VILLAGE HOLESIRIGERE POST HARIAHAR TALUK DAVANAGERE DISTRICT 6 . M. DEVENDRAPPA S/O LATE M. HNUMANTHAPPA AGED ABOUT 52 YEARS R/AT HOLESIRIGERE VILLAGE HOLESIRIGERE POST HARIAHAR TALUK DAVANAGERE DISTRICT 7 . K. SHIVASHANKAR S/O K. MALLESHAPPA AGED ABOUT 49 YEARS R/AT HOLESIRIGERE VILLAGE HOLESIRIGERE POST HARIAHAR TALUK DAVANAGERE DISTRICT 8 . B. PRABHU S/O LATE BANDER RAJANNA AGED ABOUT 35 YEARS R/AT HOLESIRIGERE VILLAGE HOLESIRIGERE POST HARIAHAR TALUK DAVANAGERE DISTRICT (BY SRI B.M.HALASWAMY, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF MAJOR AND MINOR IRRIGATION WORKS M.S. BUILDING, AMBEDKAR VEEDHI BANGALORE - 560001 REPRESENTED BY ITS SECRETARY ... PETITIONERS 2. KARNATAKA NEERAVARI NIGAMA LIMITED COFFEE BOARD BUILDING, 4TH FLOOR DR. B.R. AMBEDKAR VEEDHI BANGALORE–560001 REPRESENTED BY ITS MANAGING DIRECTOR 3. SUPERINTENDENT ENGINEER KARNATAKA NEERAVARI NIGAM LTD. NO.2, B.R.R.B.C. SUB DIVISION D.B. HALLI, DOMBARA BYRANAHALLI SHIVAMOGGA–577201 4. THE ASSISTNAT EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAMA LIMITED NO.2, B.R.R.B.C SUB DIVISION D.B. HALLI, (DOMBARA BYRANAHALLI) SHIVAMOGGA–577201 5. THE DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR–597202 6. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT SIR M.V. ROAD (SOWLANGA ROAD) SHIVAMOGGA KARNATAKA3–577201 7. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-HARIHAR ROAD PRINCE JAYACHAMARAJA WODEYAR DAVANAGERE KARNATAKA – 577001 8. THE BANGALORE ELECTRICITY SUPPLY COMPANY (BESCOM) CUBBON PARK ROAD NEAR VIDHANASOUDHA K.R. CIRCLE BENGALURU–560001 9 . THE MANGALORE ELECTRICITY SUPPLY COMPANY (MESCOM) MESCOM BHAVAN, KAVOOR CROSS ROAD BEJAI, MANGALURU-575004 ... RESPONDENTS (SRI B.V.KRISHNA, AGA FOR RESPONDENT NOS.1, 5 TO 7 SRI K.RAMACHANDRAN, ADVOCATE FOR SRI M.R.C.RAVI, ADVOCATE FOR RESPONDENT NOS.2 TO 4 SRI K.C.CHANDRASHEKARA, ADVOCATE FOR RESPONDENT NO.8 SRI.PRASHANTH T.PANDIT, ADVOCATE FOR RESPONDNET NO.9) ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NOS.1 TO 7 TO REMOVE THE UNAUTHORIZED PUMP SETS, DIESEL GENSETS AND OTHER APPARATUS INSTALLED IN THE MAIN CANAL AND BRANCH CANALS, TRIBUTARIES OF THE BHADRA RESERVOIR RIGHT BANK CANAL AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER We have heard the learned counsel appearing for the petitioners, the learned counsel appearing for the second to fourth respondents and the learned Additional Government Advocate for the first and fifth to seventh respondents.
2. The learned counsel appearing for the second to fourth respondents states that even earlier an action was taken by the said respondents for removal of the unauthorized pump sets, diesel gensets and other apparatus installed in the main canal, the branch canals and the tributaries of the Bhadra reservoir right bank canal. He states that the said respondents need assistance from the Authorities of the State Government and the District Administration to once again take action of removal of the unauthorized pump sets, diesel gensets and other apparatus. He states that action will be immediately taken after the State Government provides necessary assistance. We accept the said statement.
3. If action is taken in terms of the said statement by the second to fourth respondents, there will be no need to consider the second prayer in the petition. Accordingly, we pass the following order:
(i) We direct the second to fourth respondents to submit a requisition to the fifth and sixth respondents about the nature of assistance required for taking action as stated above. On such a requisition being made, the fifth to seventh respondents shall provide necessary assistance as per the requisition made by the second to fourth respondents at the earliest;
(ii) After the assistance as directed above is provided, immediate action be initiated by the second to fourth respondents in accordance with law for removal of the unauthorized pump sets, diesels gensets and other apparatus.
(iii) With the above direction, the petition is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB