In this lex nerve PIL, the petitioner alleged misuse of funds and contract staff by forest department. The court held the petition non-maintainable as it failed to comply with PIL Rules 11 on disclosure, 12 on undertaking, and 13 on declaration.
Petitioner granted liberty to file a fresh petition after complying with procedural requirements.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.11795 OF 2021 (GM-RES-PIL)
BETWEEN:
NILESH PRABHU S/O. G.V. PRABHU, AGED ABOUT 52 YEARS, RESIDING AT NO.130 B, 25TH CROSS, 2ND BLOCK, RAJAJINAGAR, BANGALORE - 560 010 9886065423, E.MAIL:- [email protected]
...PETITIONER
(BY SRI.NILESH PRABHU, PARTY-IN-PERSON)
AND:
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MALLESHWARAM, BANGALORE-560 003.
…RESPONDENTS
(BY SRI.ROHITH.R.KAMATH, ADVOCATE FOR R2 & R3; SMT. VANI H., AGA FOR R1)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS WITH REGARD TO VEHICLE BEARING NO.KA-04,8051 OF MODEL-VERNA, BILLS RAISED FOR FUEL BY THIS VEHICLE SINCE PAST 3 YEARS, LAKHS OF RUPEES IS WASTED FOR PERSONAL ENJOYMENT AMOUNTING TO STATE EXCHEQUER. CALL FOR RECORDS OF THE DRIVERS DALAYATHS, TECHNICAL EXECUTIVE, DATA ENTRY OPERATORS AND THE MONEY SPENT ON THEM WHEN NO SANCTIONED POST IS THERE. CHANGE THE CONTRACT STAFF WHO ARE MISUSING THE PROCESS OF LAW AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the petitioner in person.
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a) "Call for records with regard to Vehicle bearing no.KA04,8051 of Model-VERNA, bills raised for fuel by this Vehicle since past 3 years. Lakhs of rupees is wasted for personal enjoyment amounting to state exchequer. Call for records of the drivers dalayaths, technical Executive, Data entry operators and the money spent on them when no sanctioned post is there. Change the contract staff who are misusing the process of law.
b) Issue a Writ of Mandamus directing the 1st Respondent to have a proper and transport system to disperse the funds in view of conservation of forest, as it involves public money. Direct the 1st Respondent to monitor misuse of funds in the name of ABS. Change the contract staff who are the misusing the process of law.
c) Issue a Writ of Mandamus directing the 1st Respondent to frame appropriate restrictions from which traders ABS is to be collected and appoint proper efficient staff, where Government funds are involved.
d) Issue a Writ of Mandamus directing the 1st Respondent to monitor seriously over the functioning of the Respondent Board and appoint eligible staff who are eminent, full fledged, with adequate knowledge of the subject. e) Grant such other relief or reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case in the interest of justice and equity."
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given under Rule 12 and a declaration is to be given under
Rule 13.
Rules 11, 12 and 13 of the said Rules has not been done. As such, the writ petition is not maintainable and is accordingly, dismissed.
The pending interlocutory applications, if any, stand disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
CA
1 issue framed by the court
Whether a writ petition failing to comply with Public Interest Litigation Rules regarding disclosure of information is maintainable.
Nilesh Prabhu
State of Karnataka
Chairman Karnataka Biodiversity Board
Member Secretary Karnataka Biodiversity Board
Ritu Raj Awasthi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
