IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.50720 /2019 (GM-RES) PIL BETWEEN :
1 . SRI KALLAPPA S/O LATE BHIMAPPA KADABALLAVAR AGED ABOUT 73 YEARS OCC: SOCIAL ACTIVIST R/O BASAVANAGARA WARD NO.18, DHAVALESHWARA VILLAGE MUDOL TALUK BAGALKOT DISTRICT-587312 2 . SRI MOUNESH BADIGER S/O IRAPPA AGED ABOUT 36 YEARS R/O DHVALESHWARA MUDHOL TALUK BAGALAKOT DISTRICT-587312 3 . BASAVRAJ BADIGERE S/O NARAYANA AGED ABOUT 33 YEARS R/AT WARD NO.10 DHAVALESHWARA MUDHOL TALUK BAGALAKOT DISTRICT-587312 4 . SRI SHRISHAIL BADIGER S/O IRAAPPA AGED ABOUT 34 YEARS AGRICULTURIST R/O DHAVALESHWARA MUDHOL TALUK BAGALAKOT DISTRICT-587312 5 . YELLAPPA PATTANASHETTE S/O THAMMANNA AGED ABOUT 60 YEARS AGRICULTURIST R/O DHAVALESHWARA MUDHOL TALUK BAGALAKOT DISTRICT-587312 (BY SHRI S.R. HEGDE HUDLAMANE, ADVOCATE) AND :
1 . STATE OF KARNATAKA REP. BY CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560001 2 . THE SECRETARY HOUSING DEPARTMENT VIDHANA SOUDHA BANGALORE-560001 3 . DEPUTY COMMISSIONER MUDHOL TALUK BAGALKOTE DISTRICT-587313 4 . ASSISTANT COMMISSIONER JAMKHANDI BAGALKOTE DISTRICT-587313 5. TAHASILDAR MUDHOL TALUK BAGALKOTE DISTRICT-587312 6. SRI BABU RAO KAMATAGI CHIEF OFFICER AND NODAL OFFICER MAHALINGAPURA BAGALAKOTE DISTRICT-587312 ...PETITIONERS 7. SECRETARY GRAM PANCHAYAT DHAVALESHWARA MUDHOL TALUK BAGALAKOTE DISTRICT – 587312 .... RESPONDENTS (BY SRI SANDESH KUMAR M, HCGP FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ALLOTMENTS MADE IN THE YEAR 2009 AS WELL AS 2011 PRODUCED AS PER ANNEXURES-C & C1, DATED NIL, NUMBER NIL, ARE NOT AS PER THE GUIDELINES PROVIDED BY THE GOVERNMENT PRODUCED AS PER ANNEXURE-B AND KINDLY CANCELL THOSE ALLOTMENTS AND DIRECT TO ALLOT TO THE PERSONS WHO ARE ELIGIBLE AS PER THE GUIDELINES. AND FURTHER TO TAKE NECESSARY ACTION TO THE THEN RESPONDENTS NO.3 TO 5, WHO ILLEGALLY ALLOTTED BY DEFEATING THE OBJECT OF THE ABOVE GOVERNMENT GUIDELINE AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Perused the prayers made in the petition which are in the nature of a public interest litigation.
2. There is no averments made in the petition that at any point of time before filing of the petition, the petitioners approached the concerned authority by way of submitting a representation incorporating their grievances. Without seeking redressal of justice, the present petition is filed seeking a writ of mandamus.
3. The law on this aspect is very clearly laid down in the case of Saraswati Industrial Syndicate Limited vs. Union of India reported in (1974) 2 SCC 630 in paragraphs 25 and 27. The Apex Court has reiterated the well settled law. On that ground, we declined to entertain this petition and the same is disposed of.
4. This order will not prevent the petitioners to make a representation before the concerned authority. Issue of delay is kept open.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN