Sri Naresh Kumar P C vs State Of Karnataka on 23 January, 2020

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Karnataka High Court

Sri Naresh Kumar P C vs State Of Karnataka on 23 January, 2020

Bench: Abhay S. Oka

                            1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 23RD DAY OF JANUARY, 2020
                         PRESENT
    THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE
                           AND
 THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
       WRIT PETITION NO.29629/2017 (GM-RES-PIL)
BETWEEN

1 . SRI NARESH KUMAR P C
S/O CHINNABADDAIAH G
AGED ABOUT 27 YEARS
OCC:ADVOCATE
2 . SRI DEEVARAJU P S
S/O SRINIVASA
AGED ABOUT 37 YEARS
OCC:AGRICULTURIST
3 . SRI PRAKASH P V
S/O VENKATESHAPPA
AGED ABOUT 40 YEARS
OCC:AGRICULTURIST
4 . SRI KRISHNAPPA P V
S/O VENKATESH
AGED ABOUT 40 YEARS
OCC:AGRICULTURIST
5 . SRI KRISHNAPPA G
S/O VENKATAPPA
AGED ABOUT 46 YEARS
OCC:AGRICULTURIST
ALL ARE R/AT PUNNYAHALLI VILLAGE
HEBBANI POST, MULBAGAL TALUK
KOLAR DISTRICT-563 101                 ...PETITIONERS

(BY SRI NARESH KUMAR P C, PARTY IN PERSON [ABSENT])
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AND

1 . STATE OF KARNATAKA
REP BY ITS PRL. SECRETARY
REVENUE DEPARTMENT
ROOM NO.505, 5TH FLOOR
M S BUILDING GATE -II
DR. B R AMBEDKAR VEEDHI
BENGALURU-560 001

2 . KARNATAKA RENEWABLE ENERGY
DEVELOPMENT LIMITED (KREDL)
REP BY ITS MANAGING DIRECTOR
NO.39, SHANTHIGRUHA
BHARATH SCOUTS AND GUIDES BUILDING
PALACE ROAD, BENGALURU-560 001

3 . THE DEPUTY COMMISSIONER
KOLAR DISTRICT
DISTRICT COURT PREMISES
KOLAR-563 102

4 . THE TAHASILDAR
MULBAGAL TALUK
MULBAGAL TALUK OFFICE
MULBAGAL-563 131

5 . SOLAR KING INDIA PVT. LTD.,
REP BY ITS MANAGING DIRECTOR
A-78/4-11-1, VITTAL NAGAR
NEAR SARVEPALLI SCHOOL, KARNOOL
ANDRAPRADESH-518 002                 ...RESPONDENTS

(BY SRI A C BALARAJ, AGA FOR R-1 TO 4;
 SRI MOHAMMED SHAMEER, ADVOCATE FOR R-5)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS TO THE GOVERNMENT/
                                  3



AUTHORITIES TO PERFORM THE STATUTORY DUTIES TO
TAKE THE NECESSARY ACTION AGAINST THE ILLEGAL
CONSTRUCTION OF THE GRID AND ETC.

      THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING      THIS     DAY,    CHIEF     JUSTICE      MADE      THE
FOLLOWING:

                             ORDER

The petitioner appearing in person is not present. The learned counsel appearing for the fifth respondent is also not present.

2. A memo is tendered by the learned Additional Government Advocate which records that the proposal for erecting solar power project/grid on the lands in Sy.No.116 and 117 of Punnyahalli Village, Mulbagal Taluk, Kolar District by the fifth respondent has been dropped and there is no solar power project established on the said lands. It is further stated that the Rajakaluve/canal has been restored to its original status by clearing the debris and now there is no obstruction for free flow of water. We accept the statements made in the memo as correct. 4

3. Therefore, the prayers made in the writ petition do not survive and accordingly, the writ petition is disposed of.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE bkv

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