Karnataka High Court
Bhimgouda S/O S Khot vs The State Of Karnataka on 6 November, 2024
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WP No. 105620 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 105620 OF 2024 (GM-RES-PIL)
BETWEEN:
1. BHIMGOUDA
S/O SHANKAR KHOT,
AGE. 42 YEARS,
OCC.AGRICULTURE/ADVOCATE,
AT/PO.KABBUR,
TQ. CHIKKODI,
DIST. BELAGAVI
2. MARUTI
S/O SIDDAPPA BHIRADHARPATIL,
AGE: 47 YEARS OCC: AGRICULTURE,
Digitally AT: MEERAPURAHATTI, TQ: CHIKKODI,
signed by DIST: BELAGAVI
PRABHAKAR
SWETHA
KRISHNAN 3. SHRIPAL
Location: S/O BALAPPA ROTTI,
High Court AGE: 44 YEARS OCC: AGRICULTURE,
of Karnataka
AT: MEERAPURAHATTI, TQ: CHIKKODI,
DIST: BELAGAVI
4. KRISHNAPPA HANAMANT MADIG,
AGE: 48 YEARS
OCC: GRAM PANCHAT MAJI ADHESHRU,
KABBUR AT: MEERAPURAHATTI,
TQ: CHIKKODI DIST: BELAGAVI
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5. RAGHAVENDRA
S/O VEERUPAKSHI POTADAR,
AGE: 40 YEARS, OCC: AGRICULTURE,
AT: KABBUR PO: KABBUR TQ: CHIKKODI DIST:
BELAGAVI
6. MALLIKARJUN
S/O RAYAPPA PATIL,
AGE: 36 YEARS, OCC: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD TQ:
CHIKKODI DIST: BELAGAVI
7. YALALING
S/O MARUTI BHIRDHARPATIL
AGE 25 YEARS, OCC: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD TQ:
CHIKKODI DIST: BELAGAVI
8. LAKKAPPA
S/O SIDDAPPA KHILARI,
AGE: 40 YEARS OCC: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD, TQ:
CHIKKODI DIST: BELAGAVI.
9. MAHADEV
S/O BABU KHAJIDONI,
AGE: 51 YEARS, OCC:
AGRICULTURE, AT: MEERAPURAHATTI
PO: CHIKKODI ROAD TQ: CHIKKODI DIST: BELAGAVI.
10. RAMAPPA
S/O TIPPANNA PATIL, AGE: 48 YEARS, OCC:
AGRICULTURE, AT: KABBUR TQ: CHIKKODI DIST:
BELAGAVI.
11. MAHADEV
S/O TIPPANNA PATIL, AGE: 45 YEARS OCC:
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WP No. 105620 of 2024
AGRICULTURE, AT: KABBUR PO: KABBUR, TQ:
CHIKKODI DIST: BELAGAVI
12. RAVI
S/O LAKKAPPA KHILARI,
AGE: 28 YEARS
OCC: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD TQ:
CHIKKODI DIST: BELAGAVI.
KALLAPPA
13.
S/O BHEEMAPPA KHOT,
AGE: 50 YEARS
OCCU: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD, TQ:
CHIKKODI DIST: BELAGAVI
14. RAMAPPA
S/O MARUTI MADIG,
AGE: 51 YEARS OCCU: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD TQ:
CHIKKODI DIST: BELAGAVI
15. VITTHAL
S/O KALLAPPA KHAJIDONI,
AGE: 35 YEARS OCC: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD, TQ:
CHIKKODI DIST: BELAGAVI
16. APPASAHEB
S/O BALAPPA DADDI,
AGE: 46 YEARS OCCU: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD TQ:
CHIKKODI DIST: BELAGAVI
17. SOMANATH
S/O MAHADEV TURAIDHAR,
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AGE: 31 YEARS OCCU: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD TQ:
CHIKKODI DIST: BELAGAVI
18. KEMPANNA
S/O. MALLAPPA SHIVAPURE,
AGE: 65 YEARS OCC: AGRICULTURE,
AT: VIJAYANAGAR PO: VIJAYANAGAR, TQ: CHIKKODI
DIST: BELAGAVI.
19. MAHADEV
S/O KALLAPPA VANTAGODE,
AGE: 47 YEARS
OCCU: AGRICULTURE,
AT: MEERAPURAHATTI PO: CHIKKODI ROAD, TQ:
CHIKKODI DIST: BELAGAVI
...PETITIONERS
(BY SRI PRASHANT MATHAPATI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
VIDHANA SOUDHA,
BENGALURU-560001
REPRESENTED BY ITS CHIEF SECRETARY
2. THE DEPUTY COMMISSIONER,
DC COMPOUND
BELAGAVI 590001.
3. THE ASSISTANT COMMISSIONER,
CHIKKODI-591 201 TQ: CHIKKODI,
DIST: BELAGAVI.
4. THE REVENUE INSPECTOR,
NAGARAMUNNOLI-591 222, KABBUR-591 222 TQ:
CHIKKODI, DIST: BELAGAVI
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5. THE TAHSILDAR,
CHIKKODI-591 201 TQ: CHIKKODI,
DIST: BELAGAVI.
6. THE CHIEF OFFICER,
TOWN PANCHAYAT COUNCIL
KABBUR-591 222 TQ: CHIKKODI,
DIST: BELAGAVI.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION PRAYING TO ISSUE A WRIT OF
CERTIORARI ANY OTHER APPROPRIATE WRIT TO QUASH
THE IMPUGNED ORDER DTD. 04-07-2024 BEARING
NO.NO.KAMSHAA/ALVIAL/VIVA-132/2021-22/E-52705 VIDE
ANNEXURE-A PASSED BY THE RESPONDENT NO.2
ALLOWING THE WRIT PETITION IN THE INTEREST OF
JUSTICE AND EQUITY.B) ISSUE A WRIT OF MANDAMUS OR
ANY OTHER APPROPRIATE WRIT DIRECTING THE
RESPONDENTS TO TAKE APPROPRIATE ACTION AND CLEAN
THE ALLOCATION OF 5 ACRES LAND IN R.S.NO.667 FOR
ESTABLISHMENT OF SOLID WASTE DISPOSAL UNIT MAKE
BEST POSSIBLE EFFORTS TO RESTORE THE CONDITION OF
THE ENVIRONMENT SURROUNDING THE COMMUNITIES
MEERAPOHATTI AND LAXMIKODI, AS THEY STOOD EARLIER
TO USAGE OF THE LAND BY RESPONDENTS FOR WASTE
DISPOSAL UNIT.INTERIM PRAYERTO STAY THE OPERATION
AND EXECUTION OF IMPUGNED ORDER PASSED BY THE
RESPONDENT NO.1 DATED 04-07-2024 BEARING
NO.KAMSHAA/ALVIAL/VIVA-132/2021-22/E-52705 VIDE
ANNEXURE-A PERTAINING TO ALLOCATION OF 5 ACRES
LAND IN R.S.NO.667 FOR ESTABLISHMENT OF SOLID WASTE
DISPOSAL UNIT.
THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WP No. 105620 of 2024
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. Prashanth Mathapati for the
petitioners and learned Additional Government Advocate
Smt. Niloufer Akbar for respondent Nos.1 to 5, who appeared
upon service of copy of the petition in advance.
2. The order dated 04.07.2024 came to be passed by the
Deputy Commissioner, Belagavi District - respondent No.2
herein, whereby the said competent authority allotted land
Revenue Sy. No.667 admeasuring 85 Acres and 13 Guntas
situated at Kabbur Village, Chikkodi Taluka, Belagavi District to
be utilized to the extent of 5 Acres for construction of the solid
waste management unit to be done in accordance to Rule 97(4)
of the Karnataka Land Grant Rules, 1966 and as per Rule
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20(1)(c) of the Karnataka Land Grant Rules, 1969 at a price
fixed and on the conditions mentioned in order.
3. The petitioners claiming to be public spirited persons and
the residents of the villages have sought to call in question the
aforesaid order of allotting the land for solid waste
management unit. The main plank of challenge appears to be
that, as submitted by learned advocate for the petitioners that
earlier, Revenue Sy.No.654 of the very village, Kabbur was
considered for allotment for the purpose of solid waste
management unit and proposal was forwarded on 10.12.2020.
Copy of the said proposal is produced on record.
3.1 The aforementioned proposal was not carried forward and
came to be rejected by the competent authority. It was
recorded in the said order dated 10.12.2020 dropping the
proposal inter alia that the place of the kabbur village where
the solid waste management unit was to be constructed, was
not suitable. It was stated that there is a Mahalakshmi temple
situated at that place and there are lakes and wells adjoining
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the place on which the citizens of Meerapoorhatti and
Lakshmikhodi villages were dependent.
3.2 It was also recorded that extant smell would come out
due to accumulation of waste and since the site was too near to
the habitat, lakes and the temple, the said particular site was
not suitable. Therefore, the order rejecting
the proposal was passed in the interest of public health and the
proposal was treated as liable to be rejected.
4. It is the case that the alternative site identified which is
Sy. No.667 as above is in the same village and nearby the
earlier mentioned site. Therefore, there is no justification in
selecting Sy.No.667 for establishment of the solid waste
management unit. The argument would hardly derive any merit
inasmuch as while rejecting the earlier proposal as per the
order dated 10.12.2020 referred to above, all the germane
factors were taken into account.
5. There is an additional aspect which would also finally
disentitle the petitioner from seeking any relief. From the order
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impugned, it could be seen that on 28.09.2022, public notice
was issued as per Section 68(1) of the Karnataka Land
Revenue Act, 1964. Under the said notice, public at large was
invited to submit objections within stipulated time of 30 days
from the date of publication.
5.1 The decision made by the authority are in the realm of
the executive function. Which site is to be selected for setting
up a plant such as solid waste management unit is entirely for
the authorities to decide. Unless the decision in this regard
taken by the authorities is manifestly arbitrary, perverse or
against any statutory provision, the Court would be declined to
interject it or substitute the same with another view.
5.2 The Tahsildar, Chikkodi Taluka had submitted report that
no objections were received during the said period from
anybody. The proposal was accordingly submitted to
government as per the letters dated 12.12.2023 and
13.12.2023. Pursuant to which, the notification was issued
selecting the site for setting up of the solid waste management
unit as reflected in the order dated 04.07.2024.
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6. Setting up of solid waste management unit is itself a
public purpose and will serve public interest by treating solid
waste.
7. No case is made out for granting any relief to the
petitioners. The petition is accordingly dismissed.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
KPS
