Karnataka High Court
Vihappa S/O Rukmappa Goranli vs The State Of Karnataka on 5 January, 2022
Bench: Chief Justice, Suraj Govindaraj
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.5713 OF 2009 (GM-RES-PIL)
BETWEEN:
1. VIHAPPA
S/O. RUKMAPPA GORANLI
AGED ABOUT 61 YEARS
OCC: PRESIDENT OF KOPPAL ZILLA
BACHAV ANDOLANA SAMITI, KOPPAL
R/O: BHAYYANAGAR, SUDANDA SADANA
3RD WARD, BHAGYANAGARA - 583 231
TQ & DIST: KOPPAL
2. K.B.GONAL (A) MALLIKARJUN
S/O. BASAPPA GONAL
AGE 33 YEARS
OCC: SECRETARY OF KOPPAL ZILLA
BACHAV ANDOLANA SAMITI, KOPPAL
R/O: BENKINAGAR, NEAR WATER TAKN
KOPPAL TQ & DIST, KOPPAL - 583 231
3. BHARADWAJ
S/O. SUVVA RAO.J
AGE 63 YEARS
OCC: CONVENOR OF K.Z.B.A.X.
R/O. GANGAWATI, DIST: KOPPAL
4. D.H.PUJAR (A) DURGAPPA
S/O. HONUMANTAPA PUJAR
AGE 42 YEARS
OCC: CONVENOR OF KOPPAL ZILLA
BACHAV ANDOLANA SAMITI,
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R/O. DEVRAJ AURUS COLONY, KOPPAL
TQ & DIST, KOPPAL - 583 231
5. H.RAGHU
S/O. H.VENUGOPALAPPA HIREKASANKANDI
AGE 49 YEARS
OCC: CONVENOR OF KOPPAL ZILLA
BACHAV ANDOLANA SAMITI,
R/O. MUNIRABAD (RS) NEAR SYNDICATE BANK
SJS FACTORY ROAD (HOSALLI AREA)
DIST: KOPPAL
... PETITIONERS
(BY MS.SHILPA PRASAD, ADV. FOR
SMT.MAITHREYI KRISHNAN, ADV.)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT
M.S.BUILDING
BANGALORE - 560 001
2. THE DEPUTY COMMISSIONER
KOPPAL DISTRICT, KOPPAL
3. M/S. AARESS IRON & STEEL LTD.
HOSPET, BY ITS MANAGIND DIRECTOR
HOSPET TALUK, BELLARY DISTRICT.
... RESPONDENTS
(BY SRI S.RAJASHEKARA, AGA FOR R1 & R2
SRI M.M.SWAMY, ADV. FOR R3)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 14.11.2007 VIDE
ANX-A PASSED BY THE R2 AND ETC.
THIS PETITION COMING ON FOR HEARING THROUGH
VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE
THE FOLLOWING:
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ORDER
Heard.
2. This public interest litigation was filed way back
in 2009 seeking following reliefs:
"(i) Issue the writ of certiorari, quashing
the impugned Order No:
Revenue/Land/10/2006-07 Dated: 14.11.2007
vide Annexure-A passed by the 2nd respondent.
(ii) Further direct the respondents to
maintain the Public Tank situated in Land
Sy.No.143 measuring totally 44 acres 35 guntas
at Basapur Village in Koppa Taluk and District as
it is and make it available for the use of General
Public and village cattle.
OR
(iii) Issue such other writ of Order or
Direction which this Hon'ble Court deems fit in
the circumstances of the above case."
3. Mr.M.M.Swamy, learned counsel appearing for
respondent No.3 informs the Court that the land in question
which was allotted to respondent No.3 by way of
notification was challenged before this Court in a Writ
Petition and the Writ Petition was dismissed vide order
dated 17.03.2009. On appeals being filed in W.A.Nos.6193-
6195 of 2009 and other connected matters, this Court, vide
order dated 22.03.2012, quashed the entire notifications
dated 09.11.2006. Respondent No.3 as well as the State
and the Karnataka Industrial Area Development Board have
challenged the said judgment by filing Special Leave
Petition (SLP) before the Apex Court which is pending for
final hearing. It is submitted that the cause for which the
instant writ petition is filed no longer survives.
4. Learned counsel for the petitioners has made a
prayer for adjournment.
5. We do not find any reason to adjourn the case
as it is one of the oldest matter. We, therefore, dismiss the
writ petition with liberty to the petitioners to file a fresh
case, in case cause for which the writ petition was filed is
revived. In the meanwhile, the petitioners and other
villagers are permitted to use the water in the tank. The
respondents shall not prevent such usage.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
VM
