M K Tajpeer vs Union Of India on 30 May, 2022

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Karnataka High Court

M K Tajpeer vs Union Of India on 30 May, 2022

Bench: S.G. Pandit

                              1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 30TH DAY OF MAY, 2022

                         BEFORE

        THE HON' BLE MR. JUSTICE S.G. PANDIT

        WRIT PETITION No.24147/2021 (GM-RES)

BETWEEN:

M.K.TAJPEER
S/O.ZAINULLABUDIN
AGED ABOUT 56 YEARS
PRESIDENT
CHITRADURGA DISTRICT CONGRESS
COMMITTEE
ONAKI OBAVVA CIRCLE
CHITRADURGA-577 501.
                                        ...PETITIONER

           (BY SRI.GURUDHATTA K., ADV. (ABSENT))

AND:

1.     UNION OF INDIA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF HOME AFFAIRS
       GOVERNMENT OF INDIA, NORTH BLOCK
       NEW DELHI-110 001.
2.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF HOME AFFAIRS
       VIDHANASOUDHA, DR.AMBEDKAR VEEDI
       BENGALURU-560 001.

3.     THE DEPUTY COMMISSIONER
       CHITRADURAGA DISTRICT
       CHITRADURAGA -577 501.

4.     THE SUPERINTENDENT OF POLICE
       CHITRADURAGA DISTRICT
                                2


      CHITRADURAGA -577 501.                ...RESPONDENTS

              (BY SMT.A.R.SHARADAMBA, AGA)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS AND ISSUE DIRECTION TO THE R-1 TO
CONSIDER THE REPRESENTATION SUBMITTED BY THE
PETITIONER   AND     OTHERS     ON  20.06.2020  AS   PER
ANNEXURE-C.

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-

                        ORDER

Learned Additional Government Advocate accepts notice for the respondents.

2. With the consent of the learned counsel for the parties, the matter is taken up for final disposal.

3. The petitioner is before this Court under Articles 226 and 227 of the Constitution of India praying for a direction to the respondents to consider the representation dated 20.06.2020 [Annexure-C] wherein the petitioner has prayed for a direction to take action against the persons mentioned therein for 3 violation of COVID-19 Norms under the Disaster Management Act, 2005.

4. Learned Additional Government Advocate per contra submits that the petition is not maintainable as the petitioner's relief is not individual and it is in the nature of the public interest litigation.

5. On hearing the learned counsel Sri.Balaraj, learned counsel representing the for the learned counsel for the petitioner Sri.Gurudatta.K., and on going through the papers, the petitioner has not prayed relief for himself and it is in the nature of public interest. Hence, petition is disposed of with liberty to the petitioner to file appropriate petition before the appropriate forum.

SD/-

JUDGE NC.

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Karnataka High Court