Karnataka High Court
Anur Village Gomal Welfare Committee ... vs The Principal Secretary on 4 June, 2018
Bench: Chief Justice, Krishna S Dixit
W.P.No.51341/2017
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 51341 OF 2017 (KLR-LG) (PIL)
BETWEEN:
ANUR VILLAGE GOMAL WELFARE COMMITTEE (R)
BY ITS SECRETARY, B. M. MALLADAD,
S/O. MAHADEVAPPA MALLADAD,
AGED ABOUT 51 YEARS,
R/AT. ANUR VILLAGE,
BYADGI TALUK - 581 209,
HAVERI DISTRICT.
... PETITIONER
(BY SRI. V.B.SIDDARAMAIAH, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT OF KARNATAKA,
M. S. BUILDING,
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU - 560001.
2. THE DEPUTY COMMISSIONER,
MINI VIDHANA SOUDHA,
HAVERI DISTRICT,
HAVERI - 581110.
W.P.No.51341/2017
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3. THE TAHASILDAR,
BYADGI TALUK,
BYADGI - 586106,
HAVERI DISTRICT.
4. RASHTRIYA SHIKSHANA SAMITHI(R)
ANUR, BYADGI TALUK - 581209,
HAVERI DISTRICT,
REPRESENTED BY ITS PRESIDENT.
... RESPONDENTS
(BY SRI. S.H.PRASHANTH, ADDL. GOVERNMENT ADVOCATE)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE GOVERNMENT ORDER DATED 19.11.2016,
PASSED BY THE RESPONDENT NO. 1 VIDE ANNEX-G
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE CHIEF JUSTICE, MADE THE
FOLLOWING:
ORDER
On the prayer sought to be made against the order granting 02 Acres 20 Guntas of B Kharab land bearing Survey No. 28/x-1 to the fourth respondent, in our view, the matter involves such questions of facts which need to be determined in the regular proceedings and in any case, the matter cannot be said to be espousing such a public cause as to be taken up in the Public Interest Litigation ('PIL') jurisdiction. W.P.No.51341/2017 -3-
Exercise of PIL jurisdiction is declined in this matter. However, we leave it open for the petitioner to take recourse to the appropriate remedies in accordance with law.
With the aforesaid observations, this petition stands disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Bsv