Karnataka High Court
Mahabaleshwar vs The Panchayat Development Officer on 13 February, 2025
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WP No. 20639 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 20639 OF 2023 (GM-FOR)
BETWEEN:
1. MAHABALESHWAR
S/O GANAPATHI HEGDE
AGE: 41 YEARS, OCC: AGRICULTURE
R/O. SHIRANIKERI, POST: KAIKINI-581 421
TQ: BHATKAL, DIST: UTTAR KANNADA.
2. KESHAV
S/O SUBBARAYA NAIK
AGE: 39 YEARS, OCC: DRIVER
Digitally R/O. SOPPINGUTTI, UTTARKOPPA
signed by H POST: KAIKINI-581 421
K HEMA
TQ: BHATKAL, DIST: UTTAR KANNADA.
Location:
High Court
of Karnataka ...PETITIONERS
(BY MS. SOWKHYA PATIL, ADVOCATE FOR
SRI G. BALAKRISHNA SHASTRY, ADVOCATE)
AND:
1. THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT
POST: KAIKINI-581 421
TQ: BHATKAL, DIST: UTTAR KANNADA.
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WP No. 20639 of 2023
2. THE REGIONAL OFFICER
KARNATAKA STATE POLLUTION
CONTROL BOARD,
'PARISARA BHAVAN'
LIG-II, B-217, NEAR HARI OM TRUST
HABBUWADA, KARWAR-581 303.
3. THE DIRECTOR
KARNATAKA STATE POLLUTION
CONTROL BOARD
'PARISARA BHAVAN' LIG-II, B-217
NEAR HARI OM TRUST
HABBUWADA, KARWAR-581 303.
4. THE ASSISTANT COMMISSIONER
BHATKAL SUB-DIVISION
BHATKAL-581 320.
5. MARKAZI JAMATUL MUSLIMEEN
MURUDESHWAR
DARGAH ROAD, MURUDESHWAR-581 350
TALUK:BHATKAL, DIST: KARWAR.
6. RANGE FOREST OFFICER
BHATKAL RANGE
BHATKAL-581 320, DIST: UTTAR KANNADA.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R.4 & R.6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT OF CERTIORARI QUASHING THE LETTER DATED
25.08.2021 IN NO.GRAM.PAM.KAYKINI/2021-22/101 PASSED BY
FIRST RESPONDENT VIDE ANNEXURE-G AND ORDER DATED
01.09.2021 IN NO.VAA/BHATKAL/415/2021-22 PASSED BY
SIXTH RESPONDENT VIDE ANNEXURE-H IN THE INTEREST
OF JUSTICE AND EQUITY, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WP No. 20639 of 2023
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Invoking the jurisdiction of this Court under Article 226 of the
Constitution, the petitioners have filed this petition seeking to get
set aside two orders. The first order is dated 25.08.2021 passed by
the Panchayat Development Officer, Gram Panchayat, Kaikini,
Bhatkala Taluka. The second order is dated 01.09.2021 which is
passed by the Zonal Forest Officer, Bhatkala.
2. Both the orders rejected the request of the petitioners to
permit them to dispose of the garbage waste within the Gram
Panchayat area or within the forest area, as the case may be. The
request of the petitioners was rejected on the ground that the
action on part of the petitioners is prone to cause damage to the
environment and that the garbage cannot be permitted to be
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dumped in the forest area or within the Gram Panchayat area,
which is being done without any justification and authorization.
3. The case sought to be put forward by the petitioners is that
respondent No.5, which is again an entity in the name of Markazi
Jamatul Muslimeen Murudeshwar, Dargah Road at Murudeshwar,
has granted permission to the petitioners by passing the resolution
dated 10.01.2021 to lift the wastage in the area of Kaikini Village, to
keep the area clean and dispose of the garbage.
3.1. It is the say of the petitioners that since the date of such
permission granted by respondent No.5, the petitioners were
dumping the garbage in Sy.No.569 of forest area situated at Kaikini
Village, Mavalli Hobli, Bhatakala Taluka. The petitioners have
audaciously averred that since several years, the wastage was
being dumped in the said forest area.
3.2. It is the case of the petitioners that since they are prevented
from doing so, they have no place to dump the garbage to carry out
the resolution of respondent No.5 and therefore, they approached
the Gram Panchayat authorities and the forest authorities with
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representations which were turned down as per the decisions
reflected in the impugned communication.
4. The petition is filed and the prayers are advanced in the
background of peculiar facts where it is the claim of the petitioners
that the entity-respondent No.5 asked the petitioners by resolution
to dispose of the garbage waste and that in that light, the
petitioners should be permitted to dispose of the garbage in the
land bearing Sy.No.569 at where they have been doing disposal of
the garbage since several years.
5. There is a total dearth of merits in the case of the petitioners.
The petitioners seek to enforce some obligation which is stated to
have been cast on them by respondent No.5 by passing a
resolution regarding disposal of garbage. Admittedly, the land
which is sought to be used for garbage disposal is a forest land.
6. In any view of the matter, it is incomprehensible as to what
kind of right and as such what right the petitioners are seeking to
enforce by filing this petition. The petitioners do not have any right
to seek such relief nor they have right to get their case considered
which is totally meritless and strange in itself.
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7. The petition is summarily dismissed.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
VMB
