IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.19772/2018 (GM-RES-PIL) BETWEEN:
WING COMMANDER SRI G.B.AHTRI (RETIRED) S/O SRI S.N.G.ATHRI, AGED 63 YEARS R/AT NO.52, “DHATRI”, 3RD CROSS SARASWATHIPURA, BANNERGATTA ROAD BENGALURU-560 076 ... PETITIONER (BY SRI G R MOHAN, ADV.,) AND 1.STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2.THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU-560 001 3.THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDINGS BENGALURU-560 001 4.THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU-560 020 5.THE DEPUTY SUPERINTENDENT OF POLICE ANTI CORRUPTION BUREAU KHANIJA BHAVANA, RACE COURSE ROAD BENGALURU-560 001 6.SRI B.S.YEDDYURAPPA AGED 75 YEARS S/O LATE SRI SIDDALINGAPPA R/AT NO.381, “DHAVALAGIRI” 6TH CROSS, 80 FT. ROAD RMV II STAGE, DOLLARS COLONY BENGALURU-560 094 7.SRI S. JAGADEESH SHETTAR AGED 62 YEARS S/O SHARANAPPA SHETTAR R/AT NO.31, MATHURA ESTATES KESHAWAPUR, HUBLI-580 023 8.SRI R. ASHOKA S/O SRI RAMAIAH AGED 60 YEARS R/AT NO.123, “SRINILAYA” GRAPE GARDEN SHARADAMBHANAGAR LAYOUT JALAHALLI BENGALURU-560 013 9.SRI RAMASWAMY AGED 55 YEARS S/O LATE MUNIVENKATTAPPA R/OF LOTTEGOLLAHALLI VILLAGE BENGALURU-560 094 10.SRI G.SHAMANNA AGED 60 YEARS S/O GULLAPPA R/OF RAJAMALRA, 2ND STAGE LOTTEGOLLARAHALLI VILLAGE BENGALURU-560 094 ... RESPONDENTS (BY SRI D.NAGARAJ, AGA FOR R-1 TO 3 & 5; SRI K.KRISHNA, ADV., FOR R-4;
SMT. SWAMINI GANESH MOHANAMBAL, ADV., FOR M/S.HARNAHALLI LAW PARTNERS, ADVS., FOR R-6; SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR SRI MRINAL SHANKAR, ADV., FOR R-8;
SRI JOSEPH ANTHONY, ADV., FOR R-10; R-7 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 31.05.2017 AS PER ANNEXURE-K AND TO ISSUE DIRECTION TO THE 5TH RESPONDENT TO REINVESTIGATE INTO THE COMPLAINT DATED 12.05.2016 AS PER ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The petitioner, said to be taking up several social issues, has filed this petition as a public interest litigation (‘PIL’), essentially seeking to question the endorsement dated 31.05.2017 (Annexure-K) issued by the office of the Deputy Superintendent of Police, Prevention of Corruption Cell, Bengaluru City Division, on his complaint dated 12.05.2016.
The petitioner has prayed for the principal reliefs in the petition as follows:
“24. The Petitioner therefore prays that this Hon’ble Court be pleased to :
(A) Issue a Writ of Mandamus by way of quashing the Endorsement bearing No.ACB/BNV/ PETITION.67/2016 dated 31-05-2017 as per Annexure ‘K’ and to issue direction to the 5th Respondent to reinvestigate into the Complaint dated 12-05-2016 as per Annexure ‘J’ :
(B) Pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.”
On the subject-matter of the said complaint, the petitioner seeks to refer to the dealings of the respondents, particularly the respondent Nos.6, 7 and 8 qua the land bearing Survey Nos.10/1 and 10/11F situated at Lottegollahalli Village, Kasaba Hobli, Bengaluru North Taluk.
During the course of submissions, it has been pointed out that on 27.08.2011, the respondent No.8 executed registered gift deed in favour of the Bengaluru Development Authority (BDA) in respect of the land aforesaid and it is, therefore, not in dispute that the land in question is now available with the BDA.
Learned counsel for the petitioner, however, submits that the petitioner had filed the complaint for investigation into the matter, particularly as regards the manner in which the land in question was sought to be dealt with and was denotified.
The submissions of the petitioner are sought to be countered by the contesting respondents.
As at present, and in this petition as framed, in view of the status of the land in question as pointed by the parties, we do not wish to make any other comment in relation to the complaint made and sought to be pursued by the petitioner. Suffice it to observe, for the present purpose, that with the land in question now being secured with the BDA, no purpose would be served by continuing with this petition any further on the reliefs as claimed; but it shall be open for the petitioner in taking recourse to regular remedies in accordance with law.
In the interest of justice, it is also made clear that the closure of the matter in this petition shall not be treated as pronouncement on the merits of the case of either of the parties; and all the relevant contentions of the parties shall remain open, for being urged in accordance with law at the appropriate stage and in appropriate manner.
With the observations foregoing, the proceedings herein stand closed.
The petition stands disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv