IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.32606 OF 2018 (KLR-RES) PIL BETWEEN:
1. VEERABHADRAYYA S/O REVEYYA NANDHIKOLMATH AGED ABOUT 60 YEARS RESIDING AT WACHHA VILLAGE MADBUL GRAM PANCHAYATH MADBUL 585211, KALBURAGI 2. VIJAYAKUMAR S/O GANAPATHI PAWAR AGED ABOUT 35 YEARS VICE CHAIRMAN , GRAM PANCHYATH MADABUL 585211, KALBURAGI 3. LATEEF PATEL S/O CHAND PATEL SIKANDER AGED ABOUT 34 YEARS R/O MUGATA 585211 KALBURAGI 4. RUDRAMMA M PATIL W/O MALLANGOUDA PATIL AGED ABOUT 50 YEARS CHAIRMAN GRAM PANCHAYATH MADABUL 585211 KALBURAGI 5. HANUMANTHARAYA S/O SHANKERAPPA ELMELI AGED 42 YEARS R/O HADANUR VILLAGE MADBUL PANCHAYAT MADBUL 585211 KALABURAGI 6. SRI SIDDANGOUDA S/O HANUMANTHARAYA POLICE PATIL AGED 49 YEARS RESIDING AT SANGAVI VILLI MADBUL PANCHAYAT MADBUL 585211, KALBURAGI 7. SRI BASAVARAJ S/O SHIVARAO INGIN AGED 78 YEARS R/O GUNDGURTI MADBUL 585211 KALABURAGI 8. SRI THIPPANNA S/O CHANDERSHA HUNCHIKER AGED 47 YEARS INGANKAL, GUNDGURTI PANCHAYATH MADBUL 585211, KALBURAGI 9. SADASHIVA S/O MANIKRAO VISHWAKARMA AGED 51 YEARS R/O MATTIMUD VILLAGE GUNDGURTI PANCHAYT MADBUL 585211, KALBURAGI (BY SHRI AMBRISH B.N., ADVOCATE FOR SHRI SANTHOSH S. NAGARALE, ADVOCATE) AND:
1. STATE OF KARNATAKA REVENUE DEPARTMENT ROOM NO.505, 5TH FLOOR, GATE NO.3 M.S BUILDING, DR B R AMBEDKAR VEEDHI ... PETITIONERS BENGALURU 560001 REP BY PRINCIPAL SECRETARY 2. DIRECTOR, CELL FOR CREATION AND REORGANIZATION OF TALUK AND EX-OFFICIO DEPUTY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING, DR B R AMBEDKAR VEEDHI BENGALURU 560001 REP BY ITS DIRECTOR 3. REGIONAL COMMISSIONER OFFICE OF REGIONAL COMMISSIONER, KALABURGI DIVISION VIKAS BHAVAN KALABURGI 585102 4. DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER VIKAS BHAVAN KALABURGI 585102 5. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER SEDAM – 585 102 DIST. KALABURGI (BY SHRI D.NAGARAJ, AGA,) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE NOTIFICATION DATED 30.01.2018 ISSUED BY THE RESPONDENT NO.2 AT ANNEXURE-Q TO THE EXTENT OF INCLUSION OF GUNDAGARTI, MADABUL, HADANUR, SANGAVI, MUPATA, MATTIMUD, INDHANKAL, WACCHA VILLAGES UNDER GUNDAGURTI CIRCLE AT SL.NO.3 IN THE CHITAPUR TALUK AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, P.S.DINESH KUMAR J. MADE THE FOLLOWING:
ORDER This public interest litigation is presented seeking a writ of certiorari to quash the notification dated 30.01.2018 so far as inclusion of Gundagarti, Madabul, Hadanur, Sangavi, Mupata, Mattimud, Indhankal and Waccha villages in Gundagarti circle in Chitapur Taluk and for further direction to consider the petitioners’ representation to include the said villages in Kalagi taluk.
2. Shri Ambrish B.N., learned advocate appearing for the petitioners submits that the villages in question are near to Kalagi Taluk and the villagers will be put to inconvenience to travel to Chitapur for their work.
3. Except stating that the villagers will be put to difficulty, no legal ground is urged to demonstrate as to how inclusion of villages in question in Chitapur Taluk is illegal.
4. This Court has taken a consistent view that constituting Talukas or altering their boundaries is a statutory function and it is a matter essentially touching the policy of the State which the Government of the day in its wisdom devises. It is settled that Court shall be slow in interfering with the decisions made by the executive unless a glaring error in decision making process is demonstrated. Since no error is pointed out in this case, we are of the considered view that this writ petition is devoid of merits and is accordingly dismissed.
5. In view of disposal of this writ petition, the pending interlocutory application does not survive for consideration and the same is disposed of.
No costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB