Karnataka High Court
Smt Shylaja vs State Of Karnataka on 28 February, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2025:KHC:8850
WP No. 8953 of 2020
C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 8953 OF 2020 (GM-RES)
C/W
WRIT PETITION NO. 6290 OF 2020 (LB-RES)
WRIT PETITION NO. 7878 OF 2020 (GM-RES)
WRIT PETITION NO. 7892 OF 2020 (GM-RES)
WRIT PETITION NO. 8861 OF 2020 (GM-RES)
WRIT PETITION NO. 8910 OF 2020 (GM-KEB)
IN WP No. 8953/2020
BETWEEN:
1. S KARTHIK
S/O SOMASHEKAR,
AGED ABOUT 32 YEARS,
Digitally
signed by RESIDING AT GULLAKAIPURA VILLAGE,
KIRAN
KUMAR R ANUGONDANAHALLI HOBLI,
Location:
HIGH
HOSAKOTE TALUK,
COURT OF
KARNATAKA
BENGALURU RURAL DIST.562114.
...PETITIONER
(BY SRI. BIPIN HEGDE., ADVOCATE FOR
SRI. KARTHIK.V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF WATER RESOURCES,
VIKASASOUDHA, BENGALURU-560001.
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WP No. 8953 of 2020
C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
2. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT,
BENGALURU-562110.
3. THE TAHSILDAR
HOSAKOTE TALUK, HOSAKOTE,
BENGALURU RURAL DISTRICT-562114.
4. THE SENIOR GEOLOGIST
DISTRICT GROUNDWATER OFFICE,
BENGALURU RURAL DISTRICT,
ROOM NO.219, 2ND FLOOR,
DISTRICT ADMINISTRATION BHAVAN,
BEERASANDRA VILLAGE,
DEVANAHALLI TALUK-562110.
5. THE ASSISTANT EXECUTIVE ENGINEER (E)
BESCOM, HOSAKOTE SUBDIVISION,
HOSAKOTE, BANGALORE RURAL DISTRICT-562114.
6. VILLAGE ACCOUNTANT
MUTHSANDRA CIRCLE,
ANUGONDANAHALLI HOBLI,
HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT-562114.
7. THE STATION HOUSE OFFICER
ANUGONDANAHALLI POLICE STATION,
HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT-562114.
...RESPONDENTS
(BY SRI. V.G.BHANUPRAKASH, AAG FOR
SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7;
SRI. H.V.DEVARAJU., ADVOCATE FOR R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDERS DATED 9.3.2020 AND ORDER DATED 20.3.2020
ISSUED BY THE R-3 AND R-6 DATED 29.04.2020 A TRUE
COPIES OF WHICH IS PRODUCED AT ANNEXURE-D, F AND G
RESPECTIVELY, ETC.
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NC: 2025:KHC:8850
WP No. 8953 of 2020
C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
IN WP NO. 6290/2020
BETWEEN:
1. SRI H K JAGADEESHKUMAR
S/O LATE H V KRISHNAREDDY,
AGED ABOUT 45 YEARS,
RESIDING AT HAROHALLI VILLAGE,
ANUGONDANAHALLI HOBLI,
HOSAKOTE TALUK-562114,
BENGALURU RURAL DISTRICT.
...PETITIONER
(BY SRI. BIPIN HEGDE., ADVOCATE FOR
SRI. KARTHIK.V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF WATER RESOURCES,
VIKASA SOUDHA 560001
2. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT,
BENGALURU-560001.
3. THE TAHSILDAR
HOSAKOTE TALUK, HOSAKOTE-562114,
BENGLURU RURAL DISTRICT.
4. THE SENIOR GOLOGIST
DISTRICT GROUNDWATER OFFICE,
BENGALURU RURAL DISTRICT,
ROOMNO.219, 2ND FLOOR,
DISTICT ADMINISTRATION BHAVAN,
BEERASANDRA VILLAGE
DEVANAHALL TALUK-560194.
5. THE ASSISTANT EXECUTIVE ENGINEER(E)
BESCOM HOSAKOTE SUBDIVISON,
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WP No. 8953 of 2020
C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
HOSAKOTE-562114.
6. THE SUB INSPECTOR
ANAGONDANAHALLI POLICE STATON,
HOSAKOTE-562114,
BENGALURU RURAL DISTRICT.
...RESPONDENTS
(BY SRI. V.G.BHANUPRAKASH, AAG FOR
SRI. RAHUL CARIAPPA, AGA FOR R-1 TO R-4 & R-6;
SRI. H.V.DEVARAJU., ADVOCATE FOR R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TOQUASH THE ORDER
DATED 9.3.2020 ISSUED BY THE R-3 A TRUE COPY OF WHICH
IS PRODUCED AT ANNEXURE-D, ETC.
IN WP NO. 7878/2020
BETWEEN:
1. SMT SHYLAJA
W/O DEVARAJ H K,
AGED ABOUT 45 YEARS,
SHREE RAJESHWARI (SRRO WATER POINT,
HAROHALLI, HOSAKOTE TALUK,
BENGALURU 560087
2. DEVARAJ H K
S/O LT KRISHNAPPA,
AGED ABOUT 55 YEARS,
SHREE RAJESHWARI (SRRO WATER POINT,
HAROHALLI, HOSAKOTE TALUK,
BENGALURU 560087
...PETITIONERS
(BY SRI. BIPIN HEGDE, ADVOCATE FOR
SRI. KARTHIK.V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
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WP No. 8953 of 2020
C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
DEPARTMENT OF WATER RESOURCES,
VIKASA SOUDHA, BENGALURU 560001
2. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT,
BENGALURU-560001.
3. THE TAHSILDAR
HOSAKOTE TALUK, HOSAKOTE-560087,
BENGALURU RURAL DISTRICT
4. THE SENIOR GEOLOGIST
DISTRICT GROUNDWATER OFFICE,
BENGALURU RURAL DISTRICT,
ROOM NO 219, 2ND FLOOR,
DISTRICT ADMINISTRATION BHAVAN,
BEERASANDRA VILLAGE,
DEVANAHALLI TALUK-560194.
5. THE ASSISTANT EXECUTIVE ENGINEER (E)
BESCOM HOSAKOTE SUBDIVISION,
HOSAKOTE-560087.
6. THE VILLAGE ACCOUNTATN
MUTHSANDRA CIRCLE,
ANUGONDANAHALLI HOBLI,
HOSAKOTE TALUK-560087,
BENGALURU RURAL DISTRICT
7. THE STATION HOUSE OFFICER
ANNUGONDANAHALLI POLICE STATION,
HOSAKOTE TALUK-560087,
BENGALURU RURAL DISTRICT
...RESPONDENTS
(BY SRI. V.G.BHANUPRAKASH, AAG FOR
SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7;
SRI. H.V. DEVARAJU., ADVOVATE FOR R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS
DATED 09.03.2020 AND ORDER DATED 20.03.2020 ISSUED BY
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NC: 2025:KHC:8850
WP No. 8953 of 2020
C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
THE R-3 VIDE ANNEXURE-E AND G RESPECTIVELY, ETC.
IN WP NO. 7892/2020
BETWEEN:
1. SMT C N MANJULA
W/O H.K. MOHAN KUMAR
AGED ABOUT 45 YEARS,
RESIDING AT HAROHALLI,
HOSAKOTE TALUK
BENGALURU-560087
2. SRI.H.K. MOHAN KUMAR
S/O H.A. KRISHNAPPA,
AGED ABOUT 52 YEARS,
RESIDING AT HAROHALLI,
HOSAKOTE TALUK
BENGALURU-560087
3. SRI.H.R. MANJUNATH
S/O LATE RAMAIAH,
AGED ABOUT 36 YEARS,
RESIDING AT HAROHALLI,
HOSAKOTE TALUK
BENGALURU-560087
...PETITIONERS
(BY SRI. BIPIN HEGDE., ADVOCATE FOR
SRI. KARTHIK.V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF WATER RESOURCES,
VIKASA SOUDHA, BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT,
BENGALURU-560 001
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WP No. 8953 of 2020
C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
3. THE TAHSILDAR
HOSAKOTE TALUK
HOSAKOTE,
BENGALURU RURAL DISTRICT-560087
4. THE SENIOR GEOLOGIST
DISTRICT GROUNDWATER OFFICE,
BENGALURU RURAL DISTRICT,
ROOM NO.219, 2ND FLOOR
DISTRICT ADMINISTRATION BHAVAN,
BEERASANDRA VILLAGE,
DEVANAHALLI TALUK-560194
5. THE ASSISTANT EXECUTIVE OFFICER (E)
BESCOM, HOSAKOTE SUB DIVISION,
HOSAKOTE-560087
6. VILLAGE ACCOUNTANT
MUTHSANDRA CIRCLE,
ANUGONDANAHALLI HOBLI,
HOSAKOTE TALUK
BANGALORE RURAL DISTRICT-560087
7. THE STATION HOUSE OFFICER
ANUGONDANAHALLI POLICE STATION,
HOSAKOTE TALUK
BANGALORE RURAL DISTRICT-560087
...RESPONDENTS
(BY SRI. V.G.BHANUPRAKASH, AAG FOR
SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7;
SRI. H.B.DEVARAJU., ADVOCATE FOR R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS
DATED 9.3.2020 AND ORDER DATED 20.03.2020 ISSUED BY
THE R-3 VIDE ANNX-H AND K RESPECTIVELY, ETC.
IN WP NO. 8861/2020
BETWEEN:
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NC: 2025:KHC:8850
WP No. 8953 of 2020
C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
1. C. MUNIYAPPA
S/O LATE SHIRAPPA
AGED ABOUT 65 YEARS
RESIDING AT MUTSANDRA VILLAGE
ANUGONDANAHALLI HOBLI
HOSAKOTE TALUK, BENGALURU RURAL DIST.
2. VENKATASWAMY K N
S/O NARASIMHAIAH
AGED ABOUT 55 YEARS
RESIDING AT KOTOORU VILLAGE
ANUGONDANAHALLI HOBLI
HOSAKOTE TALUK
BENGALURU RURAL DIST
3. NARAYANASWAMY
S/O NARASIMHAIAH
AGED ABOUT 50 YEARS
RESIDING AT KOTOORU VILLAGE
ANUGONDANAHALLI HOBLI
HOSAKOTE TALUK, BENGALURU RURAL DIST
...PETITIONERS
(BY SRI. BIPIN HEGDE, ADVOCATE FOR
SRI. KARTHIK.V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF WATER RESOURCES
VIKASA SOUDHA, BENGALURU 560001.
2. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT
BENGALURU
3. THE TAHSILDAR
HOSAKOTE TALUK, HOSAKOTE
BENGALURU RURAL DISTRICT
4. THE SENIOR GEOLOGIST
-9-
NC: 2025:KHC:8850
WP No. 8953 of 2020
C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
DISTRICT GROUNDWATER OFFICE
BEERASANDRA VILLAGE
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT.
5. THE ASSISTANT EXECUTIVE ENGINEER (E)
BESCOM HOSAKOTE SUB DIVISION
HOSAKOTE
6. VILLAGE ACCOUNTANT
MUTHSANDRA CIRCLE
ANUGONDANAHALLI HOBLI
HOSAKOTE TALUK
BANGALORE RURAL DISTRICT.
7. THE STATION HOUSE OFFICER
ANUGONDANAHALLI POLICE STATION
HOSAKOTE TALUK
BANGALORE RURAL DISTRICT.
...RESPONDENTS
(BY SRI. V.G.BHANUPRAKASH, AAG FOR
SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7;
SRI. H.V.DEVARAJU, ADVOCATE FOR R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE
ORERS DATED 09/03/2020 IN NO.CAL.CR.88/2019-20 AND
ORDER DATED 20/03/2020 IN NO.CALCR88/19-20 ISSUED BY
THE THIRD RESPONDENT A TRUE COPIES OF WHICH IS
PRODUCED AT ANNEXURES-D AND F RESPECTIVELY, ETC.
IN WP NO. 8910/2020
BETWEEN:
1. P RAMAKRISHNA
S/O PILLANNA,
AGED ABOUT 62 YEARS,
RESIDING AT MUTHSANDRA VILLAGE,
ANUGONDANAHALLI HOBLI,
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WP No. 7878 of 2020
AND 3 OTHERS
HOSAKOTE TALUK,
BENGALURU RURAL DIST-560114.
2. SRINIVAS BABU
S/O SRINIVAS RAO,
AGED ABOUT 43 YEARS,
RESIDING AT MUTHSANDRA VILLAGE,
ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK,
BENGALURU RURAL DIST 560114.
3. P.RAMESH, S/O PILLA REDDY,
AGED ABOUT 45 YEARS,
RESIDING AT MUTHSANDRA VILLAGE,
ANUGONDANAHALLI HOBLI,
HOSAKOTE TALUK,
BENGALURU RURAL DIST 560114.
...PETITIONERS
(BY SRI. BIPIN HEGDE., ADVOCATE FOR
SRI. KARTHIK.V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINICIPAL SECRETARY,
DEPARTMENT OF WATER RESOURCES,
VIKASASOUDHA, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT,
BENGALURU.
3. THE TAHSILDAR
HOSAKOTE TALUK, HOSAKOTE,
BENGALURU RURAL DISTRICT 560114.
4. THE SENIOR GEOLOGIST
DISTRICT GROUNDWATER OFFICE,
BENGALURU RURAL DISTRICT,
ROOM NO.219, 2ND FLOOR,
DISTRICT ADMINISTRATION BHAVAN,
BEERASANDRA VILLAGE,
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C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
DEVANAHALLI TALUK.
5. THE ASSISTANT EXECUTIVE ENGINEER (E)
BESCOM, HOSAKOTE SUBDIVISION,
HOSAKOTE-560114.
6. VILLAGE ACCOUNTAT
MUTHSANDRA CIRCLE,
ANUGONDANAHALLI HOBLI,
HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT-560114.
7. THE STATION HOUSE OFFICER
ANUGONDANAHALLI POLICE STATION,
HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT-560114.
...RESPONDENTS
(BY SRI. V.G.BHANUPRAKASH, AAG FOR
SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7;
SRI. H.V. DEVARAJU., ADVOCATE FOR R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE
ORDERS DATED 09/03/2020 IN NO.CAL.CR.88/2019-20 AND
ORDER DATED 20/03/2020 IN NO.CAL CR 88/19-20 ISSUED
BY THE THIRD RESPONDENT A TRUE COPIES OF WHICH IS
PRODUCED AT ANNEXURES-D AND F AND DATED 29/04/2020
ORDERS OF THE VILLAGE ACCOUNTANT AT ANNEXURE-G
RESPECTIVELY, ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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C/W WP No. 6290 of 2020
WP No. 7878 of 2020
AND 3 OTHERS
ORAL ORDER
1. The petitioners are aggrieved by the communication issued by the Tahsildar to the Police Officers calling upon them to initiate criminal proceedings against the petitioners for supplying water through tankers. They are also challenging the communication issued by the Senior Geologist to the Electricity Authorities to disconnect the electricity supply.
2. It is not in dispute that the State has enacted the Karnataka Ground Water (Regulation and Control of Development and Management) Act, 2011 (for brevity, referred to as "the Act").
3. As stated in the affidavit of the Senior Geologist dated 21.02.2025, under said Act, the Karnataka Groundwater Authority has been established on 16.03.2012 and the provisions of the Act required the grant of a permit to extract and use the groundwater in the notified areas.
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4. Learned counsel for the petitioners submits that the petitioners would be willing to apply for grant of permit as per the provisions of the Act, but the direction to initiate criminal proceedings against the petitioners cannot be sustained, since the order has been passed by the Tahsildar, who had no jurisdiction under the Act.
5. In my view, in light of submissions made by the learned counsel for the petitioners, it would be appropriate to direct the petitioners to approach the Groundwater Authority and seek for grant of permit as provided under the Act.
6. In light of the above, the direction issued by the Tahsildar to initiate criminal proceedings against the petitioners cannot be sustained. As the petitioners had the benefit of interim order to the effect that they are entitled to supply water to hospitals and schools, they shall have the benefit of this interim till the consideration of their application for grant of
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NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS permit. Accordingly, the impugned orders are quashed. All the contentions of both the parties are left open.
7. The Writ Petitions are accordingly disposed of.
SD/-
(N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 27