Karnataka High Court
Sri. Gurunath Vadde vs The State Of Karnataka on 11 November, 2024
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NC: 2024:KHC:45430-DB
WP No. 1918 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH 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. 1918 OF 2024 (GM-RES)
BETWEEN:
1. SRI. GURUNATH VADDE,
S/O VAJINATH VADDE,
AGED ABOUT 56 YEARS,
SOCIAL WORKER,
R/O JANASEVA ASHRAMA,
BHAVANI BIJALAGAON - 585443,
KAMALANAGAR TALUK, BIDAR DISTRICT,
MOBILE No. 9901687999
AADHAR No. 6659 3322 2123
PAN No. AERPV9730M
EMAIL: [email protected]
...PETITIONER
Digitally signed
by VALLI (BY SRI J. R. MOHAN, ADVOCATE)
MARIMUTHU
Location: High AND:
Court of
Karnataka
1. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PLANNING, PROGRAMME MONITORING
AND STATISTICS,
M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI,
BANGALORE - 560001.
2. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS, M. S. BUILDINGS,
DR. B. R. AMBEDKAR VEEDHI,
BANGALORE - 560001.
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WP No. 1918 of 2024
3. THE LOKAYUKTA,
KARNATAKA LOKAYUKTA,
M. S. BUILDINGS,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560001.
4. THE SECRETARY,
KALYANA KARNATAKA REGION
DEVELOPMENT BOARD,
"ABHIVRUDDHI BHAVAN",
AIVAN-E-SHAHI, KAL
KALABURAGI - 585102.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT Nos.1 TO 3 TO HOLD A DETAILED HIGH-LEVEL ENQUIRY,
INTO THE IRREGULARITIES COMMITTED BY THE 4TH RESPONDENT
INSTITUTION, IN UTILIZING THE FUNDS OF THE GOVERNMENT, BY
CONSIDERING THE REPRESENTATIONS DATED 12/10/2023 VIDE
ANNEXURES-D AND D1 RESPECTIVELY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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. J. R. Mohan for the petitioner
and learned Additional Government Advocate Smt. Niloufer Akbar
who appears on behalf of the State and its authorities to assist the
Court upon service of copy of the petition by the petitioner.
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2. The petitioner herein claims to be a social worker. For
projecting this petition as public interest petition, it is prayed to
direct respondent Nos.1, 2 and 3-the State of Karnataka,
Department of Planning, Programme Monitoring and Statistics, the
State of Karnataka, Department of Personnel and Administrative
Reforms and the Lokayukta of the State to hold a detailed
high-level inquiry in respect of the alleged irregularities stated to
have been committed by respondent No.4-the Secretary, Kalyana
Karnataka Region Development Board in respect of utilizing the
funds of the government. The petitioner has made a
representation in this regard dated 12.10.2023 which he wants to
be considered.
3. The case pleaded is that for the purpose of development of
the Hyderabad-Karnataka Region, respondent No.2 has issued
Notification dated 06.11.2013 constituting a Board named
Hyderabad-Karnataka Region Development Board. It is renamed
as Kalyana Karnataka Region Development Board. The funds are
utilized by the Board for developmental activities. The State
Government, it is further stated, has been releasing funds every
year to the respondent-Board.
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3.1 According to the case and grievance of the petitioner, the
respondent-Board has not been utilising the grants properly and
has been committing irregularities in utilising the funds. The
petitioner quoted a newspaper report which alleges irregularities
committed by the Board in using the funds.
4. The petitioner stated that on the basis of the report of the
Comptroller and Auditor General of India, he has made
representation to hold inquiry, but since no action is taken, the writ
petition is filed.
5. Upon reading of the petition, it could be readily gathered that
only general allegations are made regarding commission of
irregularities and nothing specifically is averred. The figures in the
tabular form, on the contrary, giving year-wise details of available
funds, the amount expended and the balance figuring in paragraph
No.9 of the petition, shows that there is an under-utilization of the
available fund to some extent. Under-utilization of the amount
would not necessarily mean irregularities committed.
5.1 In any view, in absence of specific details coming for, the
petitioner cannot want the Court to undertake a fishing inquiry into
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the subject. Public interest jurisdiction cannot be invoked for
making fishing or roving inquiry by the Court into the subject
matter. It is the duty of the public interest petitioner to provide
specific details and particulars which may persuade the Court to
entertain the subject matter in the public interest petition.
6. No element of public interest is found in the petition.
7. In absence of above, the petition is dismissed as meritless.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
VBS
