Dismissed

Dinesh Kallahalli v. Additional Chief Secretary

Karnataka HC16 Apr 2021WP/15819/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed under Articles 226 and 227 of the Constitution seeking initiation of proceedings against state officials for misappropriation of funds. The court held that the petition, being in the nature of a public interest litigation without the petitioner being an aggrieved person, was not maintainable.

What did the court decide?

Writ petition dismissed as not maintainable being a public interest litigation without the petitioner being an aggrieved person.

Dinesh Kallahalli Vs Additional Chief Secretary — Corruption | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF APRIL, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.15819 OF 2019 (GM-POLICE)

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BETWEEN :

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DINESH KALLAHALLI S/O RAMAIAH AGED ABOUT 40 YEARS SOCIAL WORKER / AGRICULTURIST KALLAHALLI POST KANAKAPURA TALUK RAMANAGARA DISTRICT RAMANAGARA-562 117 …PETITIONER

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(BY SHRI.H.B.RUDRESH, ADVOCATE)

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(THROUGH VIDEO CONFERENCE)

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AND :

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ADDITIONAL CHIEF SECRETARY TOURISM DEPARTMENT GOVERNMENT OF KARNATAKA VIKAS SOUDHA

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BANGALORE-560 001

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SHRI VIJAY SHARMA MANAGING DIRECTOR JUNGLE LODGE & RESORTS KANIJA BHAVANA GROUND FLOOR RACE COURSE ROAD

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BANGALORE-560 001

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SRI KUNAL SHARMA KABINI RIVER LODGE EX MANAGER, KARAPURA PRESENT CENTRAL OFFICE KANIJA BHAVANA RACE COURSE ROAD

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BANGALORE-560 001

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SHRI HOSAMESH B.J. MANAGING DIRECTOR KARNATAKA FOREST HOUSING & LODGING DEPARTMENT KANIJA BHAVANA GROUND FLOOR RACE COURSE ROAD BANGALORE-560 001

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KHALEEL AHMED DIVISIONAL EXECUTIVE FOREST CONSERVATIVE OFFICER CENTRAL OFFICE BANGALORE-560 001

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ADDITIONAL DIRECTOR OF GENERAL POLICE ANTI CORRUPTION BUREAU KHANIJA BHAVANA BANGALORE-560 001

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INSPECTOR OF POLICE POLICE UPADAKSHARU ANTI CORRUPTION BUREAU MYSORE SUB DIVISION MYSORE DISTRICT-570 001 ...RESPONDENTS

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(BY SHRI.B.BALAKRISHNA, ADVOCATE FOR R2-5; SHRI.M.VINOD KUMAR, AGA FOR R1, R6-R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO.1, 5, 6 & 7 TO INVESTIGATE THE SAID MATTER AND REGISTERED THE CASE AGAINST THE ACCUSED WITH REGARD TO MISAPPROPRIATION OF FUNDS AT KABINI RIVER LODGE, KARAPUA WITHIN A PERIOD OF 3 MONTHS AND ETC.,

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned AGA accepts notice for respondents No.1, 6 and 7.

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Heard Shri H.B.Rudresh, learned advocate for the petitioner, Shri M.Vinod Kumar, learned AGA for the State and Shri B.Balakrishna, learned advocate for respondents No.2 to 5.

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Petitioner has sought for a direction to initiate action against respondents No.5, 6, 7 based on his complaint dated 26.03.2018 as per Annexure-F. Petitioner is not aggrieved in any manner. Thus, this petition is in the form of Public Interest Litigation and not maintainable before the learned Single Judge; and it is accordingly dismissed .

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Learned AGA is permitted to file memo of appearance within four weeks.

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No costs.

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Sd/JUDGE

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Dinesh Kallahalli v. Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Dinesh Kallahalli v. Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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