IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.27577 OF 2017 & WRIT PETITION NO.28476 OF 2017 C/W WRIT PETITION NO.49069 OF 2017 (LB-RES) PIL IN W.P.Nos.27577/2017 & 28476/2017 BETWEEN:
1. SHIVANAGOWDA S/O RUDRAGOWDA BIRADAR AGED ABOUT 51 YEARS R/O HONAGANAHALLI VILLAGE VIJAYAPURA DISTRICT AND TALUK – 586 108.
2. SHIVAPPA S/O JAYAPPA DODAMANI AGED ABOUT 45 YEARS TALUKA CONVENER R/O HONAGANAHALLI VILLAGE VIJAYAPURA DISTRICT AND TALUK – 586 108.
... PETITIONERS (BY SRI S.B. HALLI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001.
2. THE MANAGING DIRECTOR RAJIVA GANDHI GRAMINA VASATHI NIGAMA LIMITED, NO.1-4, IT PARK 1ST FLOOR, 4TH MAIN ROAD RAJAJI NAGAR INDUSTRIAL AREA RAJAJINAGAR BENGALURU – 560 010.
3. CHIEF SECRETARY JILLA PANCHAYAT VIJAYAPURA PIN – 596 101.
4. THE CHIEF EXECUTIVE OFFICER JILLA PANCHAYAT VIJAYAPURA PIN – 596 101.
5. THE EXECUTIVE OFFICER TALUKA PANCHAYAT VIJAYAPURA PIN – 586 101.
6. PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT HONAGANHALLI VILLAGE VIJAYAPURA TALUK AND DISTRICT – 586 101.
... RESPONDENTS (BY SRI S.H. PRASHANTH, AGA FOR R1 SRI SHIVAYOGESHA SHIVAYOGIMATH, ADVOCATE FOR R4 TO R6 R2 & R3 SERVED UNREPRESENTED SRI K. PRASAD HEGDE, ADVOCATE FOR IMPLEADING APPLICANT IN I.A.NO.1/2017) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 TO UPLOADING THE LIST OF BENEFICIARIES AS PER THE GRAM SABA MEETING HELD ON 30.01.2017 IN ONLINE/MOBILE APP IMMEDIATELY FOR TAKING FURTHER PROCESS SAME IS PRODUCED AS ANNEXURE-C AND ETC.
IN W.P.NO.49069/2017 BETWEEN:
1. SHIVANAGOWDA S/O RUDRAGOWDA BIRADAR AGED ABOUT 51 YEARS R/O HONAGANAHALLI VILLAGE VIJAYAPURA DISTRICT AND TALUK – 586 108.
2. SHIVAPPA S/O JAYAPPA DODAMANI AGED ABOUT 45 YEARS TALUKA CONVENER R/O HONAGANAHALLI VILLAGE VIJAYAPURA DISTRICT AND TALUK – 586 108.
... PETITIONERS (BY SRI S.B. HALLI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001.
2. THE MANAGING DIRECTOR RAJIVA GANDHI GRAMINA VASATHI NIGAMA LIMITED, NO.1-4, IT PARK 1ST FLOOR, 4TH MAIN ROAD RAJAJI NAGAR INDUSTRIAL AREA RAJAJINAGAR BENGALURU – 560 010.
3. THE CHIEF EXECUTIVE OFFICER JILLA PANCHAYAT VIJAYAPURA PIN – 596 101.
4. THE EXECUTIVE OFFICER TALUKA PANCHAYAT VIJAYAPURA PIN – 586 101.
5. PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT HONAGANHALLI VILLAGE VIJAYAPURA TALUK AND DISTRICT – 586 101.
6. THE PRESIDENT GRAM PANCHAYAT HONAGANAHALLI, VIJAYAPURA TALUK VIJAYAPURA DISTRICT – 586 101.
... RESPONDENTS (BY SRI S.H. PRASHANTH, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENT NOS.5 AND 6 NOT CALL FOR THE MEETINGS FOR SELECTING BENEFICIARIES UNDER THE BASAVA VASATHI SCHEME AND AMBEDKAR SCHEME WITHOUT COMPLETION OF THE BENEFICIARIES LIST DATED 30.01.2017 WHICH IS THE SUBJECT MATTER IN W.P.NO.27577/2017 (PIL) AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER W.P.Nos.27577/2017 and 28476/2017 are filed seeking a direction to respondent No.5 to upload the minutes of Gram Sabha Meeting held on 30.01.2017 online immediately for taking further process. W.P.No.49069/2017 is filed seeking a direction to the respondent Nos.5 and 6 not to call for the meetings for selecting beneficiaries under the Basava Vasathi Scheme and Ambedkar Scheme without completion of the beneficiaries list dated 30.01.2017 which is the subject matter in W.P.No.27577/2017.
2. The names of fifty persons, who are said to be beneficiaries under Basava Vasathi Yogane and appear in the recommendation list, have not been forwarded to the authorities for approval. The petitioners, claiming to be social workers, have approached this Court seeking a direction to respondent No.2 to upload the minutes of Gram Sabha Meeting held on 30.01.2017.
3. Heard learned counsel for the petitioners.
4. In our opinion, out of 50 beneficiaries who have been selected, if any person is aggrieved, he is at liberty to approach the appropriate authority.
Reserving such liberty to the aggrieved person/s, this petition stands disposed of.
In view of disposal of the petitions, I.A.No.1/2019 and I.A.No.1/2017 do not survive for consideration and they are also disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca