IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 31st day of July, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR WRIT PETITION No.48814 OF 2016 (LB-RES) PIL BETWEEN:
1. RAGHAVENDRA MANJUNATHA GAONKAR S/O.MANJUNATHA GAONKAR AGED ABOUT 34 YEARS OCCU:AGRICULTURIST SECRETARY, ARUNODAYA YUVAKA SANGHA REHABILITATION COLONY HEGGAR VILLAGE, ANKOLA TALUK UTTARA KANNADA DISTRICT-581 314 2. RAMAKRISHNA V. GAONKAR S/O.VENKATARAMANA GAONKAR AGED ABOUT 38 YEARS OCCU:AGRICULTURIST REHABILITATION COLONY HEGGAR VILLAGE, ANKOLA TALUK UTTARA KANNADA DISTRICT-581 314 3. SHIVARAM NARASIMHA BHAT S/O.NARASIMHA BHAT AGED ABOUT 50 YEARS PRESIDENT OF SCHOOL DEVELOPMENT COMMITTEE, HEGGAR REHABILITATION COLONY, ANKOLA TALUK-581 314 UTTARA KANNADA DISTRICT 4. PRASANNA GANAPATHI BHAT S/O.GANAPATHI BHAT AGED ABOUT 36 YEARS OCCU:AGRICULTURIST REHABILITATION COLONY HEGGAR VILLAGE ANKOLA TALUK, UTTARA KANNADA DISTRICT-581 314 ...PETITIONERS (BY SHRI.M.S.HARISH KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001 2. DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT KARWAR-581 314 3. KARNATAKA POWER CORPORATION BY ITS CHIEF ENGINEER GANESHGUDI-581 365 UTTARA KANNADA DISTRICT-581 314 4. GRAMA PANCHAYATH DONGRI, BY ITS CHIEF EXECUTIVE OFFICER KALLESHWAR VILLAGE ANKOLA TALUK UTTARA KANNADA DISTRICT-581 314 5. VYAVASAYA SEVA SAHAKARI SANGHA LTD., BY ITS SECRETARY, HEGGAR VILLAGE ANKOLA TALUK UTTARA KANNADA DISTRICT-581 314 6. TALUKA PANCHAYATH ANKOLA, BY ITS EXECUTIVE OFFICER, ANKOLA, UTTARA KANNADA DISTRICT-581 314 …RESPONDENTS (BY SHRI.R. DEVDAS, PRINCIPAL GOVERNMENT ADVOCATE FOR R1 AND R2;
SHRI RAGHAVENDRA HATTIMANI, ADVOCATE FOR R5; SHRI BIMBADAR M.GOWDAR, ADVOCATE FOR R4 AND R6; R3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED LETTER ISSUED BY THE CHIEF ENGINEER, KARNATAKA POWER CORPORATION AUTHORISING 5TH RESPONDENT SOCIETY TO PUT UP A CONSTRUCTION IN SY.NO.42/E/112 AND 113 OF HEGGAR VILLAGE OF ANKOLA TALUK VIDE ANNEXURE-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R There is an allegation that the respondent No.5, that is, Vyavasaya Seva Sahakari Sangha Limited, has been making construction of a building.
2. It appears that permission was obtained by the said society from the Karnataka Power Corporation Limited for construction of the building.
3. We are now informed that the construction is, already, complete and the building is put to use. At this stage, we are not inclined to entertain this writ petition.
4. The writ petition stands dismissed.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.