High Court of Karnataka dismissed a writ petition filed by a tribal resident regarding unauthorized mud/soil extraction and destruction of a natural water course. The petition was held not maintainable as mandatory PIL Rules requirements were not fulfilled, with liberty granted to file a fresh petition.
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 15TH 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.13068 OF 2021 (GM-MM-S-PIL)
BETWEEN:
RAMESH NAIK L S/O LATE LAKSHMAN NAIK R AGED ABOUT 39 YEARS KADARANAHALLI THANDYA, URDIGERE HOBLI, TUMKUR TALUK AND DISTRICT - 572140 ADVOCATE BY PROFESSION
…PETITIONER
(BY SRI.RAMESH NAIK.L, PARTY-IN-PERSON)
AND:
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(BY SMT.VANI.H., AGA FOR R1-R8)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE DIRECTION/ORDER TO THE RESPONDENTS TO GET THE NATURAL WATER COURSE/DRAIN, WHICH WAS DESTROYED BY THE UNAUTHORIZED, ILLEGAL MUD/SOIL EXTRACTORS, REPAIRED/RESTORED AT THE KADARANAHALLI THANDYA TRIBAL
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VILLAGE AND FACILITATE THE NATURAL FLOW OF WATER AS IT USED TO BE EARLIER AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard.
"i) Issue appropriate direction/order to the Respondents to get the natural water course/drain, which was destroyed by the unauthorized, illegal mud/soil extractors, repaired/restored at the Kadaranahalli Thandya tribal village and facilitate the natural flow of water as it used to be earlier.
ii) Issue appropriate direction/order to the Respondent Nos.1 to 3, to take necessary legal action against such unauthorized, illegal mud/soil/minor mineral extractor as complained by the Petitioner and registered by the Respondent No.3 (Enclosed as Annexure-B).
iii) Issue appropriate direction/order to the Respondents to take necessary steps to avoid the illegal, unauthorized extraction and transportation of
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mud/soil/sand/minor minerals in and around the DEVARAYANADURGA-NAMADA CHILUME, RAMADEVARA BETTA and NARIKKAL BETTA reserve forest range/region of the Urdigere Hobli, Tumkur Taluk and thereby protect and conserve the Forest and environment in its true letter and spirit.
iv) Pass such other order or orders as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, so as to meet the ends of justice and equity."
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The pending interlocutory applications, if any, stand disposed
of.
Sd/CHIEF JUSTICE
Sd/JUDGE
VM
3 issues framed by the court
Whether the writ petition is maintainable where mandatory requirements of the High Court of Karnataka (Public Interest Litigation) Rules, 2018 were not fulfilled.
Whether the petitioner is entitled to liberty to file a fresh petition on the same cause of action.
Whether pending interlocutory applications stand disposed.
Ramesh Naik L
State of Karnataka Through Its Additional Chief Secretary Department of Home Government of Karnataka
Superintendent of Police (SP) Tumkur District
Station House Officer Kyathsandra Police Station Tumkur
Deputy Commissioner Tumkur District
Assistant Commissioner Tumkur Revenue Sub Division
Ritu Raj Awasthi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
