IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.34444 OF 2018 (LR) PIL BETWEEN:
1. PRABHAKAR S/O PRAHLAD RAO KULKARNI AGE: 39 YEARS R/AT DOOR NO.1, WARD NO.1 HOOLAGERA VILLAGE KUSTAGI TALUK KOPPAL DISTRICT – 583 281 2. HANUMAPPA S/O YAMUNAPPA GOUNDI AGE: 67 YEARS R/AT DOOR NO.109/2, WARD NO.1 HOOLAGERA VILLAGE KUSTAGI TALUK KOPPAL DISTRICT – 583 281 3. RAMAPPA S/O MAHANTHAPPA SANNATANGI AGE: 45 YEARS R/AT DOOR NO.229, WARD NO.3 HOOLAGERA VILLAGE KUSTAGI TALUK KOPPAL DISTRICT – 583 281 4. MAHANTAPPA S/O SANGAPPA TEGGINAMANI AGE: 52 YEARS R/AT DOOR NO.4 HANUMANSAGAR ROAD, WARD NO.1 HOOLAGERA VILLAGE KUSTAGI TALUK KOPPAL DISTRICT – 583 281 5. MALLAPPA S/O FAKEERAPPA SANNATANGI AGE: 40 YEARS HOOLAGERA VILLAGE KUSTAGI TALUK KOPPAL DISTRICT – 583 281 6. DURGAPPA VALMIKI S/O HANUMAPPA AGE: 40 YEARS R/AT WARD NO.4 NEAR MARKANDESHWARA TEMPLE ILKAL RURAL, ILKAL HUNGUND TALUK BAGALKOT DISTRICT – 587 125 ... PETITIONERS (BY SHRI B.O.CHANDRA SHEKAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT 5TH FLOOR, M.S.BUILDING DR.B.R.AMBEDKAR ROAD BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER KOPPAL DISTRICT OFFICE OF THE DEPUTY COMMISSIONER KOPPAL – 583 231 3. THE TAHASILDAR KUSHTAGI TALUK OFFICE OF THE THASILDAR KUSHTAGI, KOPPAL DISTRICT – 584 121 4. PANDURANGA S/O VENKAIAH PUJARI AGE: 57 YEARS R/AT HOOLAGERA VILLAGE KUSHTAGI TALUK KOPPAL DISTRICT – 583 281 5. JAGANNATH S/O VENKAIAH PUJARI AGE: 49 YEARS R/AT HOOLAGERA VILLAGE KUSHTAGI TALUK KOPPAL DISTRICT – 583 281 6. VEERAPPA S/O RANGAPPA BHANDARI AGED ABOUT 49 YEARS R/AT GANDHINAGAR KUKANOOR, YALABURGA TALUK KOPPAL DISTRICT – 583 281 ... RESPONDENTS (SHRI SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 19.04.2012 PASSED BY RESPONDENT NO.2 PRODUCED AT ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Having heard learned counsel for the petitioners and having perused the material placed on record, we are not persuaded to entertain this matter as a public interest litigation [‘PIL’], where the petitioners essentially seek to question the dealing in a particular piece of land by the respondent Nos.4 to 6.
Having regard to the circumstances of the case, suffice would be to observe that in case of any legal grievance, the petitioners may take recourse to regular remedies in accordance with law.
Subject to the observations foregoing, exercise of PIL jurisdiction in this matter is declined.
The petition stands dismissed.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB