Karnataka High Court
D Venkanagowda vs B Ramappa on 14 March, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 29598 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 29598 OF 2015 (LB-RES)
BETWEEN:
1. D. VENKANAGOWDA
S/O. D. RUDREGOWDRU,
AGED ABOUT 73 YEARS,
MANAGER OF SRI GOKARNESHWARA
TEMPLE JEERNODHDHARA SAMITHI,
HARAPANAHALLI,
DAVANAGERE DISTRICT - 583 131.
2. M.V. ANJINAPPA
S/O. THUMBANAPPA,
AGED ABOUT 46 YEARS,
Digitally
signed by EX-COUNCILOR,
POORNIMA TOWN MUNICIPAL COUNCIL,
SHIVANNA HARAPANAHALLI,
Location:
HIGH R/O. VALMIKI NAGAR,
COURT OF 8TH WARD,
KARNATAKA HARAPANAHALLI - 583 131,
DAVANAGERE DISTRICT,
REPRESENTED BY G.P.A. HOLDER, PETITIONER NO.1.
...PETITIONERS
(BY SRI D. VENKANAGOWDA, PARTY-IN-PERSON)
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WP No. 29598 of 2015
AND:
1. B. RAMAPPA
AGE MAJOR,
CHIEF OFFICER TOWN MUNICIPALTY,
CHALLAKERE (TQ),
DIST: CHITRADURGA - 577 522.
2. M. K. NALAVADI
S/O. KARIBASAPPA,
AGED ABOUT 54 YEARS,
COMMISSIONER,
TOWN MUNICIPAL COUNCIL,
CHITRADURGA - 577 501.
3. THE SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 01.
4. THE DIRECTOR
URBAN DEVELOPMENT DEPARTMENT,
VISHVESHWARAIAH TOWERS,
BANGALORE - 01.
5. DEPUTY COMMISSIONER
DAVANAGERE DISTRICT,
DAVANAGERE - 577 002.
...RESPONDENTS
(BY SMT. G. K. BHAVANA, ADVOCATE, FOR R1-,
SRI S. MAHESH., ADVOCATE, FOR R-2, &
SRI A. R. SHARADAMBA, A.G.A., FOR R-3 TO R-5)
***
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WP No. 29598 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
CONDUCT ENQUIRY IN RESPECT OF THE CONCOCTED
ANNEXURE-H WHICH IS CREATED BY THE ILLEGAL AND
DISHONEST ACTS OF RESPONDENT NO.2-OFFICER, WHICH IS
FULLY AGAINST ANNEXURES-A TO F AND G-1 TO G-13 IN
WRIT PETITION NO.43246 OF 2011 AT ANNEXURE-A TO THIS
PETITION AND WHICH IS IN SUPPORT OF THE ILLEGAL AND
MALFEASANCE AND MISFEASANCE ACTS OF RESPONDENT
NO.1-OFFICER AS PER ANNEXURES-K & L WHICH ARE
OPPOSING TO ANNEXURES-D & M OF WRIT PETITION
NO.43246 OF 2011 AT ANNEXURE-A TO THIS PETITION AND
TO DISMISS ANNEXURE-H, AND ETC.
THIS WRIT PETITION IS COMING ON FOR HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the following reliefs:
"a. The petitioners respectfully prays that this Hon'ble Court may be pleased to conduct enquiry in respect of the concocted Annexure- H which is created by the illegal and dishonest acts of respondent No.2-Officer, which is fully against Annexures-A to F and G-1 to G-13 in Writ Petition No.43246 of 2011 at Annexure-A to this petition and which is in support of the illegal and malfeasance and misfeasance acts of respondent No.1- Officer as per Annexures-K & L which are opposing to Annexures-D & M of Writ Petition No.43246 of 2011 at Annexure-A to this petition and to dismiss annexure-H. -4- WP No. 29598 of 2015 b. Based on the illegal and concocted Annexure-H created by respondent No.2- Officer with malfeasance act with malafide intention and which completely against Annexures-A to F and G-1 to G-13 of Writ Petition No.43246 of 2011 at Annexure-A to this petition and Annexures-K & L which is completely against Annexure-D of Writ Petition No.43246 of 2011 and Annexure-J of this writ petition, which is an obstacle to the justifiable final order dated 4-6-2002 passed in Writ Petition No.20935 of 1998 by this Hon'ble Court with a view to safeguard the valuable Devadaya Inam Category premises of respondent No.1-Samithi's Sri Gokarneshwara Temple, this Hon'ble Court may be pleased to direct respondent Nos.3 and 4-Officers to conduct enquiry in the presence of the Manager of the respondent No.1-Samithi."
2. The grievance of the petitioners is that, without complying the directions issued by this Court vide its order dated 4-6-2014 in Writ Petition No.43246 of 2011 (LB-RES), the respondents are seeking to deal with Devadaya Inam of the petitioners.
3. This Court, by its order dated 4-6-2014 in Writ Petition No.43246 of 2011 (LB-RES), had categorically directed respondent Nos.3 and 4 therein, i.e. the Secretary, Department of Urban -5- WP No. 29598 of 2015 Development and Municipal Administration, and the Director of Municipal Administration, respectively, to conduct enquiry and take action. While doing so, the petitioners were also to be informed about the completion of enquiry, which was to be completed within a period of three months.
4. On an earlier occasion, i.e. on 2-3-2023, when the matter was argued, petitioner No.1-party-in-person had brought to the notice of this Court that the enquiry was not conducted, the learned Additional Government Advocate was directed to obtain instructions and make submissions. Today, the learned Additional Government Advocate submits that there is no enquiry or report.
5. Learned counsel for respondent No.1 submits that enquiry had been completed by Town Municipal Council and the report is submitted to the Deputy Commissioner.
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6. Be that as it may, even that is not in compliance with the aforesaid order dated 4-6-2014 in as much as the direction was to the Secretary, Department of Urban Development and Municipal Administration, and the Director of Municipal Administration, and not to the Deputy Commissioner. It is, therefore, made clear that enquiry has to be conducted by respondent No.3-the Secretary, Urban Development Department, and while conducting such enquiry, necessary opportunity to be given to all parties to the lis. Enquiry to be completed within a period of three months from today and submitted report only thereafter could initiating a necessary action be considered. As such, I pass the following ORDER i. Writ petition is allowed;
ii. The order dated 20-12-2014 passed by respondent No.4 at Annexure-H is hereby quashed, and -7- WP No. 29598 of 2015 iii. Respondent No.3 is directed to carryout and complete necessary enquiry, as directed in order dated 4-6-2014 in Writ Petition No.43246 of 2011 (LB-RES) within a period of three months' from today, after affording opportunity to all parties to the lis, and thereafter to initiate necessary action.
Sd/-
JUDGE KVK List No.: 1 Sl No.: 3 CT:STK