IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22315 OF 2019 (GM-RES) BETWEEN:
MYSORE MERCANTILE COMPANY LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, AND HAVING ITS REGISTERED OFFICE AT NO.201 & 202, 2ND FLOOR, SHRESTA BHOOMI, NO.87, K.R.ROAD, BASAVANAGUDI, BANGALORE-560004. REPRESENTED BY ITS MANAGING DIRECTOR, SRI.H.SRINIVASA SHETTY. .. PETITIONER (BY SRI P.S. RAJAGOPA, SENIOR COUNSEL FOR SRI MUJTABA H, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES, VIKASA SOUDHA, III FLOOR, BANGALORE-560001.
2. THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT ORGANIZATION (WRDO) ANANDA RAO CIRCLE, BANGALORE-560 000.
3. WATER RESOURCES DEPARTMENT THE EXECUTIVE ENGINEER NO.1 WATER GAUGING DIVISION, RAJAGATTA ROAD, NEAR RAILWAY STATION, HASSAN-573 201.
4. WATER RESOURCES DEPARTMENT THE SUPERINTENDING ENGINEER IRRIGATION INVESTIGATION CIRCLE, NAZARABAD, MYSORE-570 010.
5. VISVESVARAYA JALA NIGAM LIMITED A GOVERNMENT OF KARNATAKA ENTERPRISES REGISTERED OFFICE AT 1-148, EMBASSY SQUARE, INFANTRY ROAD, BANGALORE-560001.
REPRESENTED BY MANAGING DIRECTOR 6. KARNATAKA NEERAVARI NIGAM LIMITED A GOVERNMENT OF KARNATAKA ENTERPRISES, REGISTERED OFFICE AT 4TH FLOOR, COFFEE BOARD BUILDING, NO.1, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001.
REPRESENTED BY MANAGING DIRECTOR … RESPONDENTS (BY SRI. B. BALAKRISHNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO FORTHWITH CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONER VIDE ANNX-N, T, X, AA, AC AND AD REQUESTING FOR RENEWAL OF THE PERMISSION ACCORDED TO USE THE NON- CONSUMPTIVE WATER FOR THE GENERATION OF 3 MW POWER AT DODDATHAPALLE MINI HYDEL SCHEME FORM YETTINAHOLE (AT DODDATHAPPALE VILLAGE), SAKLESHPUR TALUK, HASSAN DISTRICT) UNDER THE SAID GOVERNMENT ORDER DTD 09.07.2009 VIDE ANNX-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.P.S.Rajagopal, learned Senior Counsel for Sri.Mujtaba H, learned counsel for the petitioner.
Sri.B.Balakrishna, Additional Government Advocate for the respondents.
This petition is admitted for hearing. With the consent of the parties, the matter is taken up for final disposal.
2. In this petition, the petitioner inter alia seeks the following reliefs:
(a) writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents No.1 to forthwith consider the representations submitted by the petitioner vide Annexures ‘N’, ‘T’, ‘X’, ‘AA’, ‘AC’ and ‘AD’ requesting for renewal of the permission accorded to use the non- consumptive water for the generation of 3 MW Power at Doddathappale Mini Hydel Scheme from Yettinahole (at Doddathappale village, Sakleshpur Taluk, Hassan District) under the said Government Order bearing No.WRD 95 WBD dated 09.07.2009 (Annexure ‘A’).
(b) consequently direct the respondent No.1 to renew the permission accorded to use the non- consumptive water for the generation of 3 MW Power at Doddathappale Mini Hydel Scheme from Yettinahole (at Doddathappale village, Sakleshpur Taluk, Hassan District) under the said Government Order bearing No. WRD 95 WBD dated 09.07.2009 (Annexure ’A’) etc., 3. When the matter was taken up today, learned senior counsel for the petitioner submitted that respondent No.1 be directed to consider the prayer for removal of the Government Order dated 09.07.2009 by a speaking order in a time bound manner.
4. On the other hand, learned High Court Government Pleader submits that the suitable action would be taken in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to respondent No.1 to consider and decide the representation submitted by the petitioner with regard to removal of the Government Order dated 09.07.2009 by a speaking order in accordance with law within a period of two months from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE GH AAJ: W.P.No.22315/2019 06.09.2019 ORDERS ON ‘BEING SPOKEN TO’ After hearing learned counsel for the petitioner, it is directed that in Paragraph Nos.3 and 5 of the order dated 19.08.2019 passed in W.P.No.22315/2019, instead of the word ‘removal’, the word ‘renewal’ shall be read.
This order shall be read in conjunction with the order dated 19.08.2019.
Sd/- JUDGE Mds/-