IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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.26851/2019 (LB-RES-PIL) BETWEEN SRI K M SHIVKUMAR S/O MUNIVENKATAPPA AGED ABOUT 32 YEARS R/AT KALLIKUPPA VILLAGE T GOLLAHALLI POST BETHAMANGALA TALUK KOLAR DISTRICT PIN-563 101 ...PETITIONER (BY SRI K S NARESH SANTHOSH, ADVOCATE (ABSENT)) AND 1 . STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S. BUILDING, BENGALURU-560 001 2 . THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563 113 3 . THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION BENGALURU-560 001 4 . TOWN MUNICIPAL COUNCIL BANGARPET, KOLAR DISTRICT PIN-563 113 BY ITS CHIEF OFFICER 5. THE JUNIOR ENGINEER TOWN MUNICIPAL COUNCIL BANGARPET KOLAR DISTRICT PIN-563 116 … RESPONDENTS (BY SRI B V KRISHNA, AGA FOR R-1 TO 3; SRI A M VIJAY, ADVOCATE FOR R-4 & 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT INVESTIGATION BY AN INDEPENDENT AGENCY TO INVESTIGATE THE AFFAIRS OF SUPPLY OF WATER FOR THE YEAR 2017 BY TMC, BANGARPET AND THE AMOUNT SPENT ON THAT AND TO TAKE FOLLOW UP ACTION TO PUNISH THE GUILTY AND MAKE GOOD THE PUBLIC MONEY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER None appears for the petitioner. The third paragraph of the order dated 10th July 2019 reads thus:
“The petitioner claims to be working as a Joint Secretary, Human Rights and Anti- Corruption Forum, New Delhi. The petitioner will place on record by filing an affidavit whether such a Society is registered and if registered, necessary documents shall be annexed to the petition. Such an affidavit shall be filed within three weeks.”
2. However, we find from the perusal of the file that no such affidavit as directed in the order dated 10th July 2019 has been filed by the petitioner. The said order dated 10th July 2019 was passed in the light of the specific averments made in paragraph 1 of the writ petition. In view of non-compliance of the direction contained in the order dated 10th July 2019, this petition which is filed in the nature of a public interest litigation at the instance of the petitioner cannot be entertained. Accordingly, the writ petition is disposed of.
3. We make it clear that we have not adjudicated upon the merits of the petition.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv