Karnataka High Court
WA/456/2025 of THE CHIEF ENGINEER, Vs THE STATE OF KARNATAKA on 15 July 2026
CNR: KAHC010201162025 NC: 2026:KHC:36228-DB WA No. 456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 456 OF 2025 (LB-RES) BETWEEN: 1. THE CHIEF
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 456 OF 2025 (LB-RES)
BETWEEN:
1.
THE CHIEF ENGINEER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
NAVANAGAR, BAGALKOT,
BAGALKOT DISTRICT-587101
…APPELLANT
(BY SRI. K.N.PHANINDRA, SENIOR ADVOCATE FOR
SRI. NANDISH PATIL., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BENGALURU-560001.
2.
THE PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
KARNATAKA GOVERNMENT SECRETARIAT,
VIKAS SOUDHA, DR. AMBEDKAR VEEDHI,
BENGALURU-560001
3.
THE PRINCIPAL SECRETARY,
DEPARTMENT OF IRRIGATION,
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
KARNATAKA GOVERNMENT SECRETARIAT,
VIKAS SOUDHA, DR. AMBEDKAR VEEDHI,
BENGALURU-560001
4.
THE UNDER SECRETARY (TECHNICAL-5),
IRRIGATION DEPARTMENT,
KARNATAKA GOVERNMENT SECRETARIAT,
VIKAS SOUDHA, DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
5.
SRI P H PUJAR
MEMBER OF LEGISLATIVE COUNCIL,
S/O.HANUMANTHAPPA PUJAR,
AGED ABOUT 70 YEARS,
ROOM NO.220/221, LEGISLATORS HOME
BENGALURU-560001.
…RESPONDENTS
(BY SRI. B.RAVINDRANATH, AGA FOR R1 TO R4; SRI. NAGARAJAPPA.A, ADVOCATE FOR C/R5)
THIS WRIT APPEAL FILED IS U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE/MODIFY THE
IMPUGNED ORDER DATED 28/02/2025 PASSED BY THE
LEARNED SINGLE JUDGE OF HON'BLE HIGH COURT OF
KARNATAKA,
BENGALURU
IN
WP
NO.31852/2024
AND
CONSEQUENTIALLY DISMISS THE WP NO.31852/2024, ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present petition has been filed impugning the judgment and order dated 28.02.2025 in W.P.No.31852/2024, which was instituted by Respondent No.5-Member of Legislative Council of the State Legislature herein.
2. The parties are referred to as per their ranking before the writ Court for the sake of convenience.
3. The petitioner is a Member of the Legislative Council (MLC) elected from Local Body Constituency in the year 2020. He filed the writ petition challenging the communication dated 10.09.2024, which was addressed by the Under Secretary (Technical-5), Irrigation Department, to the Principal Secretary, Irrigation Department, Government of Karnataka, whereby the earlier opinion of the Department of Parliamentary Affairs was withdrawn and the opinion dated 10.09.2024 was ordered to be implemented.
HC-KAR
4. The communication in sum and substance would state that the petitioner by virtue of being an MLC could not participate in the proceedings of Bagalkot Town Development Authority and he would be entitled to participate in the proceedings of Bagalkot Urban Development Authority, whereas the petitioner's case was also that by virtue of being an MLC from the Local Body Constituency, he is not entitled to be a part of the Bagalkot Town Development Authority, but can only be a member of the Bagalkot Urban Development Authority, which had been constituted under Act No.13 of 1985.
5. The learned Single Judge has dismissed the claim of the petitioner. However, the writ Court has gone strongly against the appellant authority, which was not even issued notice, inasmuch as the petitioner had dispensed with the service of notice on the said authority. The learned Single Judge repeatedly held that the appellant body is a paper entity only with neither funds, nor any obligation to discharge. Further adverse comments have been made in paragraph 62 to 73 in its absence.
HC-KAR
6. We are of the view, that the comments in paragraph Nos. 46 and 62 to 73 were wholly unwarranted, particularly, when the notice was dispensed with at the cost of the petitioner, which would mean that the appellants were not heard before the impugned order came to be passed. It is therefore, obvious that the comments made in paragraph Nos.46, and 62 to 73 are unwarranted and same are hereby deleted.
7. With the above observation, the present writ appeal is disposed of.
8. Pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
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