Karnataka High Court
Sudha Katwa vs The State Of Karnataka on 6 December, 2024
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NC: 2024:KHC:32572-DB
WP No. 35374 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 35374 OF 2019 (GM-RES)
BETWEEN:
1. SUDHA KATWA,
D/O LATE LAKSHMANASA KATWA,
AGED 50 YEARS,
FLAT No. 1202, F BLOCK,
JALAVAYU HEIGHTS APARTMENTS,
HMT MAIN ROAD,
BANGALORE-560013.
...PETITIONER
(BY SRI AKHIL BABU, ADVOCATE FOR
SRI UMAPATHI S., ADVOCATE)
AND:
Digitally signed
by VALLI
MARIMUTHU 1. THE STATE OF KARNATAKA,
Location: High REPRESENTED BY THE CHIEF SECRETARY,
Court of GOVERNMENT OF KARNATAKA,
Karnataka VIDHANA SOUDHA ,
BANGALORE-560001.
2. THE STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL
SECRETARY TO GOVERNMENT,
PLANNING , PROGRAMME MONITORING AND
STATISTICS DEPARTMENT,
M. S. BUILDING, BANGALORE-560001.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 & R2)
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NC: 2024:KHC:32572-DB
WP No. 35374 of 2019
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO SHIFT ALL THE OFFICES MENTIONED AT
ANNEXURE-A WITH REQUIRED INFRASTRUCTURE, STAFF AND
AMENITIES WITHIN THE TIME FRAME FIXED BY THIS HON'BLE
COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Akhil Babu for learned advocate Mr. S. Umapathi for the petitioner and learned Additional Government Advocate Smt.Niloufer Akbar for respondent Nos.1 and 2.
2. The petitioner herein is stated to be a practicing advocate, who claims to be a public spirited person. He has filed this petition styling it as public interest petition in which the prayer is made to direct the respondents to shift all the offices which are mentioned in the order produced at Annexure-A along with the infrastructure, staff and amenities.
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NC: 2024:KHC:32572-DB WP No. 35374 of 2019
3. The petition was filed in the year 2019. The Notification/Order sought to be implemented is dated 10.01.2019, whereby the competent authority of the Government, Ministry of Planning Program Co-ordination and Statistics has contemplated shifting of certain offices such as Krishna Bhagya Nigam Jala Nigama Limited, Karnataka Irrigation Corporation Limited to the place of transfer indicated in the order to bring the administration closer to the citizens and to facilitate the purpose. 3.1 The grievance of the petitioner shortly stated is that despite the said order having been passed, it is not fully implemented and the shifting of offices still remain in paper. It is stated that the representation was submitted but, has not yielded any the shifting up of office.
4. The subject matter is not executive function which as such cannot fall within the purview of public interest jurisdiction of the Court, inasmuch as it is entirely an administrative area and the decision will be governed by the administrative exigencies and executive considerations. The Court is not inclined to entertain the present public interest petition.
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NC: 2024:KHC:32572-DB WP No. 35374 of 2019 4.1 Support is drawn in this regard from the decision of this Bench in Uttara Karnataka Raithara Abhivruddi Sangha Vs. Government of Karnataka which was a Writ Petition No.5563 of 2021 in the nature of public interest litigation, decided on 09.08.2024, in which also the very Notification dated 10.01.2019 was subject matter of consideration and the petitioner had prayed to implement the same.
4.2 The following paragraphs from the decision in Uttara Karnataka Raithara Abhivruddi Sangha (supra) deserves to be noticed, "4. In response to the grievance and the prayer, the affidavit was filed on behalf of the State Government. It was stated that as per the said notification, nine offices are to be shifted out of which, three offices have already been shifted to Uttara Karnataka and that, they have been operational for conducting administration in their respective spheres.
5. It was stated that the idea of shifting the office shown at Sl.No.7 of the notification was dropped as per the decision taken in the meeting of the Cabinet held on 04.09.2019. It was further stated that in the Cabinet meeting held on 17.09.2019, the decision was taken not to shift the Lokayukta offices and therefore, shifting of one Upa- Lokayukta office does not arise.
5.1 It was stated that in respect of the office of Krishna Bhagya Jala Nigama Niyamitha shown at -5- NC: 2024:KHC:32572-DB WP No. 35374 of 2019 Sl.No.1 of the said notification, the Government Order dated 30.10.2021 was issued for shifting the office. It was stated that the office of Karnataka Neeravari Nigama Niyamitha shown at Sl.No.2 awaits the decision for shifting as the proposal is pending in that regard.
5.2 In respect of the office of Sakkare Nirdheshakaru Mattu Kabbu Abhivruddi Ayukthara Kendra Kacheri shown at Sl.No.4, it was stated that the government has passed the order dated 30.09.2021 and it is likely that the said office will be started immediately. Similarly, the office of the Karnataka State Information Commission shown as Sl.No.8, which is the office of the Commissioner, has already been shifted and is made operational at Belagavi.
5.3 It was stated in the affidavit that the government has been making all efforts to shift the offices to ensure that administrative machinery is available to the door steps of Uttara Karnataka people to their benefit."
5. In view of the above, no relief could be granted to the petitioner.
6. The petition is dismissed.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE VBS/ List No.: 1 Sl No.: 31