Karnataka High Court
WP/35796/2024 of MR MADHU Y C Vs THE STATE OF KARNATAKA on 31 December 2024
2024:KHC:53311-DB WP No. 35796 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 35796 OF 2024 (GM-MM_S) BETWEEN: MR. MADHU Y.C, S/O.
Digitally signedby SHARADAVANI BLocation: HIGHCOURT OFKARNATAKA
NC: 2024:KHC:53311-DBWP No. 35796 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31[ST] DAY OF DECEMBER, 2024 PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
-WRIT PETITION NO. 35796 OF 2024 (GMMM_S)BETWEEN:
MR. MADHU Y.C, S/O. CHIKKATAMMEGOWDA, AGED ABOUT 34 YEARS, R/AT YATHAMBADI VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA - 571 421, MOB:- [REDACTED].
…PETITIONER
(BY SRI. KIRAN N, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANASOUDHA, BANGALORE - 560 001. REPRESENTED BY ITS CHIEF SECRETARY, VIDHANASOUDHA, BANGALORE - 560 001.
2. THE CHAIRPERSON, STATE LEVEL DAM SAFETY COMMITTEE, ANANDA RAO CIRCLE, BANGALORE - 560 001. STATE LEVEL DAM SAFETY COMMITTEE, ANANDA RAO CIRCLE, BANGALORE - 560 001.
3. SRI. MANCHAMMADEVI STONE CRUSHER AND M-SAND, REPRESENTED BY ITS PROPRIETOR, MR. Y.B. ASHOKGOWDA PATEL, ELECHAKANAHALLI, KOTHATHI HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 402.
NC: 2024:KHC:53311-DB
WP No. 35796 of 2024
4. THE SUPERINTENDENT OF POLICE, MANDYA DISTRICT, MANDYA DISTRICT, OFFICE OF THE SUPERINTENDENT OF POLICE, H.K. VEERANNA GOWDA ROAD, MANDYA - 571 401. MANDYA - 571 401.
…RESPONDENTS
(BY SRI. MANJUNATH K, HCGP FOR R1, R2 AND R4; VIDE ORDER DATED 31.12.2024, NOTICE TO R3 IS DISPENSED WITH) VIDE ORDER DATED 31.12.2024, NOTICE TO R3 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS ORDER TO ISSUE A WRIT PARTICULARLY IN THE NATURE OF MANDAMUS 1.DIRECT THE RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 04/11/2024 FORTHWITH. WHICH IS APPENDED VIDE ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
and HON'BLE MR JUSTICE UMESH M ADIGA HON'BLE MR JUSTICE UMESH M ADIGA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
Heard learned counsel for the Petitioner and learned Additional Government Advocate appearing for respondent Nos.1, 2 & 4, notice to Respondent No.3 having been dispensed with.
2. Learned counsel for the Petitioner vehemently argues that though there is a restraint order against blast mining within a radius of 20 kilometers of notified Reservoirs such as Krishna Raj Sagara Dam herein, this order is not being followed and the official Respondents are not taking any action towards implementation of the same. He draws our attention to the interim orders dated 13.12.2023 & 06.11.2023 made by a Bench comprising Hon’ble Chief Justice and one of us (KSDJ) in WP No.19835/2023. A copy of the said order avails at Annexure-B to the Petition.
3. Learned AGA appearing for the official Respondents resists the Petition contending that the Petitioner can enforce the said order by invoking contempt jurisdiction of this Court, notwithstanding that he is not a party eo nomine to the said Writ Petition and therefore writ petition is ill-advised. We see a lot of force in this submission inasmuch as, the said interim order in the subject PIL is made in the best interest and for protecting the notified Reservoirs. In the matters like this, locus standi will have elasticity to enable any one to move the Court, for the protection of dams/reservoirs. It is made clear that said respondents shall not take up a stand as to locus standi of the petitioner if contempt proceedings are instituted.
With the above observations, this writ petition is disposed off.
Registry is directed to send a copy of this order to Respondent No.3 by Speed Post, immediately.
Costs made easy.
Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (UMESH M ADIGA) JUDGE
KAV List No.: 1 Sl No.: 22 CT: BHK