Karnataka High Court
Jagrutha Karnataka Jagrutha Bharatha vs The Secretary on 17 November, 2023
Bench: Chief Justice, Krishna S Dixit
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NC: 2023:KHC:41145-DB
WP No. 24288 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 24288 OF 2023 (GM-RES-PIL)
BETWEEN:
JAGRUTHA KARNATAKA JAGRUTHA BHARATHA,
REPRESENTED BY ITS PRESIDENT,
K.N. MANJUNATHA, NO. B1-13-2,
GOKULAM, D.K. SANDRA,
KANAKAPURA MAIN ROAD,
BANGALORE-560 062.
...PETITIONER
(BY SRI K.N MANJUNATH, PARTY-IN-PERSON)
AND:
Digitally signed
by SHARADA 1. THE SECRETARY, GOVT. OF INDIA,
VANI B MINISTRY OF WATER RESOURCES,
Location: HIGH NO.2, RAFI MARG, SANSAD MARG AREA,
COURT OF
KARNATAKA NEW DELHI-110 001.
2. THE KAVERI WATER MANAGEMENT AUTHORITY,
DEPT. OF WATER RESOURCES,
H5-8 Q + W 5R, BIKAJI CAMA PLACE,
R.K. PURAM, NEW DELHI-110 066.
3. THE CHIEF SECRETARY,
GOVT. OF TAMILNADU,
SECRETARIAT,
CHENNAI-600 009.
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NC: 2023:KHC:41145-DB
WP No. 24288 of 2023
4. THE CHIEF SECRETARY,
GOVT. OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE-560 001.
...RESPONDENTS
(BY MS. NAYANA TARA B.G, CGC FOR R-1;
SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WP IS FILED UNDER ARTICLE 226/227 OF THE
CONSTITUTION OF INDIA TO DIRECT THE RESPONDENTS-1
AND 2 TO PUBLISH THE MISSING KARNATAKA COLUMN WITH
HELD AT CLAUSE 9A BY THE KAVERI TRIBUNAL FOR UNKNOWN
REASONS AND TO REMOVE THE LEGAL ERROR AND LACUNA
APPARENT ON THE FACE OF THE RECORDS TO PUT A
JUDICIOUS END TO THIS SETTLED DISPUTE UNDER ARTICLE
227 OF THE CONSTITUTION WITHIN 2 WEEKS AS WITH HELD
COLUMN MONTHLY FIGURES ARE ALREADY WITH THEM ON
HAND IN THE UPHELD KAVERI TRIBUNAL VERDICT.
ANNEXURE-(A3), PAGE-13.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the party-in-person.
2. Though this petition suffers from non- compliance of the rules, apart from that, the prayer in the petition is couched broadly in the following words:
"To direct the respondents-1 and 2 to publish the missing Karnataka Column with held at Clause 9A by the Kaveri Tribunal for Unknown reasons and to Remove the Legal Error and Lacuna apparent on the Face of the Records to put a judicious end to this Settled Dispute under Article 227 of the -3- NC: 2023:KHC:41145-DB WP No. 24288 of 2023 Constitution within 2 weeks as WITH HELD COLUMN MONTHLY FIGURES are already with them on Hand in the upheld Kaveri Tribunal Verdict. Annexure-(A3)"
3. The party-in-person vehemently argues that under Article 227 of the Constitution of India, court has power to rectify the arguable defect, which according to him, is apparent on the face of the record, and therefore, the same needs to be rectified by issuing an appropriate direction. Learned Advocate General appearing for the State and the learned CGC appearing for the Center, oppose the petition drawing our attention to the provisions of Inter-State River Water Disputes Act, 1956 enacted by the Parliament in terms of Article 262(2) of Constitution of India. They also submit that already the Cauvery Water Disputes Tribunal has been functioning since decades and therefore, judicial intervention is neither permissible nor desirable, since matter essentially touches Inter-State water dispute.
4. Having heard the party-in-person and the counsel appearing for the respondents and having perused -4- NC: 2023:KHC:41145-DB WP No. 24288 of 2023 the Petition Papers, we are of a considered view that the stand taken by the respondents broadly accords with the legal position as to impermissibility of judicial intervention in matters of the kind. This view gains support from the observations of the Apex Court in STATE OF KARNATAKA vs. STATE OF ANDHRA PRADESH, AIR 2001 SC 1560 and STATE OF ORISSA V. GOVERNMENT OF INDIA, (2009) 5 SCC 492.
In view of the above, we decline indulgence in the petition, reserving liberty to the petitioner to avail appropriate remedies elsewhere, in accordance with law.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE NR/-
List No.: 1 Sl No.: 29