Karnataka High Court
Venu V vs State Of Karnataka on 9 November, 2021
Author: Chief Justice Magadum
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.15197 OF 2021 (GM-RES) PIL
BETWEEN:
1. VENU V
S/O VENKATESHAPPA
AGED ABOUT 30 YEARS
R/AT WARD NO.2, TIPPUSULTAN ROAD
POOJAMMANAPALYA
DEVANAHALLI TOWN
BANGALORE RURAL DISTRICT
PIN - 562 110
2. VENKATESH
S/O MUNIVENKATAPPA
AGED ABOUT 40 YEARS
R/AT NO.1, GORIPALYA
TALUK OFFICE ROAD
DEVANAHALLI TOWN
BANGALORE RURAL DISTRICT
3. HARSHAVARDHAN
S/O SRINIVASA
AGED ABOUT 23 YEARS
R/AT NO.25, WARD NO.1
KORACHARA BEEDI, GORIPALYA
DEVANAHALLI TOWN
BANGALORE RURAL DISTRICT
PIN - 562 110
... PETITIONERS
(BY SRI RADHANANDAN B.S, ADVOCATE)
-2-
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF ENVIRONMENT AND FOREST
REPRESENTED BY ITS SECRETARY
VIDHANA SOUDHA
BANGALORE - 560 001
2. THE KARNATAKA LAKE CONSERVATION
AND DEVELOPMENT AUTHORITY
NO.49, CHURCH STREET, 2ND FLOOR
PARISARA BHAVAN
BANGALORE - 560 001
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
3. THE DEPUTY COMMISSIONER
OFFICE OF THE DEPUTY COMMISSIONER
ZILLAADALITHA BHAVANA
BEERASANDRA
DEVANAHALLI TALUK
DEVANAHALLI - 562 110
4. SMT. SUNANDA
W/O LATE SHIVANNA
AGED ABOUT 60 YEARS
R/AT SHANTHINAGAR
DEVANAHALLI TALUK
DEVANAHALLI
BANGALORE RURAL DISTRICT
PIN - 562 110
... RESPONDENTS
(SRI RAJASHEKAR S, AGA FOR RESPONDENT NOS.1 AND 3
SRI V.RAGHUNATH, ADVOCATE FOR RESPONDENT NO.2
SRI NARASIMHARAJU, ADVOCATE FOR RESPONDENT
NO.4)
---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR
ORDER OR DIRECTION THE RESPONDENTS TO RESTORE
-3-
THE SCHEDULE PROPERTY AS WATER BODY, FREE OF ALL
ENCUMBRANCES, SINCE THE SAME IS VESTED WITH THE
STATE, IN THE INTEREST OF JUSTICE AND ETC.
THIS PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE
THE FOLLOWING:
ORDER
In this public interest litigation, the petitioner is
seeking the following reliefs:
"i. Issue a writ in the nature of Mandamus or
any other Writ or order or Direction, by
directing the Respondents to restore the
Schedule Property as water body, free of
all encumbrances, since the same is
vested with the State, in the interest of
justice.
ii. Issue a writ in the nature of Mandamus or
any other Writ or Order or Direction, by
directing the Respondents to rejuvenate
as Schedule Property as water body by
properly fencing the same, in the interest
of justice."
2. Learned counsel appearing for the respondent No.4
has raised a preliminary objection regarding maintainability
of the writ petition on the ground that the controversy
involved in the instant writ petition has been decided vide
judgment and order dated 30.11.2009 passed in Writ
Petition No.12126/2008(LR-PIL) (V.S.MURALI AND OTHERS
vs. N.SHIVANNA AND OTHERS). The earlier public interest
litigation was filed against the husband of respondent No.4.
3. A copy of the judgment and order dated 30.11.2009
has been placed before us. The same is taken on record.
4. On a perusal of the order dated 30.11.2009, we find
that the husband of respondent No.4 had filed Form 7
seeking grant of occupancy rights. The Land Tribunal by
the order dated 12.10.1997 was pleased to confer
occupancy rights in favour of the husband of respondent
No.4. The said order has attained finality. If the grant of
occupancy rights in favour of husband of respondent No.4
has attained finality and the same is examined and dealt
with in the earlier round of litigation, the petitioner cannot
be permitted to re-agitate the same issue on same cause of
action in the present writ petition which is in the form of a
public interest litigation. This relevant aspect has been
taken note by a Co-ordinate Bench of this Court in the
aforesaid order passed in Writ Petition No.12126/2008
(LR-PIL).
5. In view of the above, we do not find any reason to
keep this matter pending. The writ petition is dismissed.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
AHB
