Dismissed

Krishna a Shetty v. State of Karnataka

Karnataka HC14 Aug 2024WP/20293/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka, by a short oral order, dismissed a Public Interest Litigation filed under Article 226. The petitioner sought directions for inquiries into alleged GST fraud, money misuse, and improper possession of a Parashurama statue. The Court held the allegations were vague and under investigation, declining to entertain the petition.

What did the court decide?

The petition was dismissed with no other relief granted.

Krishna a Shetty Vs State of Karnataka — Public Procurement and Tenders | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:32718-DB WP No. 20293 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 14^TH DAY OF AUGUST, 2024

¶5

PRESENT

¶6

THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

¶7

AND

¶8

THE HON'BLE MR. JUSTICE K. V. ARAVIND

¶9

WRIT PETITION No. 20293 OF 2024 (GM-RES)

¶10

BETWEEN:

¶11

KRISHNA A. SHETTY, AGED ABOUT 30 YEARS, S/O ANANDA SHETTY, BARNANTAL HOUSE, NALLURU VILLAGE, KARKALA TALUK, UDUPI DISTRICT 574122. Ph: 9483360859, PAN No. CUUPS2903L, AADHAR No. 557479356381.

¶12

…PETITIONER

¶13

Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

¶14

(BY SRI SRIKANTH V. K., ADVOCATE)

¶15

AND:

¶16

STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF KANNADA AND CULTURE, ROOM No.3, GROUND FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 560 001.

¶17

PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE,

¶18

2 - NC: 2024:KHC:32718-DB WP No. 20293 of 2024

¶19

ROOM No. 506, 5^TH FLOOR, 3^RD GATE, M. S. BUILDING, BANGALORE 01.

¶20

DEPUTY COMMISSIONER, RAJATADRI, MANIPAL, UDUPI 576104.

¶21

PROJECT DIRECTOR, UDUPI NIRMITHI KENDRA, ANANTH NAGAR, MANIPAL 576104.

¶22

V. SUNIL KUMAR, No.1-376/2, “PRERANA”, KALLAMBAADIPADAVU, PALLIRASTE, NITTE VILLAGE, ATTUR POST, KARKALA TALUK, UDUPI DISTRICT 574110.

¶23

KRISHNA NAYAK, KRISH ART WORLD, No. 330, 60FT ROAD, 5^TH BLOCK, NEAR VENKATESHWARA TEMPLE, SIR M VISHWESHWARAYYA LAYOUT, BANGALORE 91.

¶24

ASSISTANT COMMISSIONER OF COMMERCIAL TAX, KIADB BUILDING, 2^ND FLOOR, 4^TH PHASE, PEENYA 2^ND STAGE, BANGALORE 560 058.

¶25

CHIEF MINISTER OF KARNATAKA, ROOM No. 323A, 3^RD FLOOR, VIDHANA SOUDHA, DR. AMBEDKAR VEEDI, BANGALORE 560 001.

¶26

…RESPONDENTS

¶27

(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO 3, 7 & 8)

¶28

3 - NC: 2024:KHC:32718-DB WP No. 20293 of 2024

¶29

THIS WRIT PETITION IS FILED AS PUBLIC INTEREST LITIGATION (PIL) UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS AGAINST RESPONDENT VIDE ANNEXURE-A AND G DATED 03.05.2024 AND 10.01.2023 BY DIRECTING RESPONDENT No-7, TO CONDUCT ENQUIRY ON GST FRAUD MADE BY RESPONDENT No-6 DIRECTING THE RESPONDENT No-1 TO CONDUCT ENQUIRY ON MISUSE OF FUNDS BY RESPONDENT No-4 AND DIRECTING TO RESPONDENT No-2 TO CONDUCT ENQUIRY ON ILLEGAL MONEY TRANSFER DONE BY RESPONDENT No-3 AND 4 AND DIRECTING RESPONDENT No-3 TO TAKE BACK THE POSSESSION OF PARASHURAMA STATUE WHICH WAS HANDED OVER TO RESPONDENT No-6 AND DIRECTING RESPONDENT No-7 TO TAKE SERIOUS ACTION BY SUSPENDING RESPONDENT No-3 FOR THE FRAUDULENT TRANSFER OF GOVERNMENT FUNDS.

¶30

THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶31

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and

¶32

HON'BLE MR. JUSTICE K. V. ARAVIND

¶33

ORAL ORDER

¶34

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

¶35

Heard learned advocate Mr. V.K. Srikanth for the petitioner.

¶36

The petitioner, claiming to be the President of the Karkala Parashurama Theme Park Hitarakshana Samiti, has sought

¶37

4 - NC: 2024:KHC:32718-DB WP No. 20293 of 2024

¶38

directions against the respondents in particular, respondent No.7-the Assistant Commissioner of Commercial Tax to conduct inquiry in respect of the alleged fraud of Goods and Service Tax (GST) said to have committed by private respondent No.6. Further prayer was made against respondent No.1-State to conduct inquiry with regard to alleged misuse of funds by respondent No.4–the Project Director.

¶39

2.1 It was also prayed to direct respondent No.2-the Principal Secretary, Department of Revenue to conduct inquiry against respondent Nos.3 and 4 in respect of the alleged illegal transfer of money. Still, there was a prayer to direct respondent No.3the Deputy Commissioner, Udupi, to take back possession of Parashurama statue and take action against the authorities for transfer of government funds.

¶40

It was stated that respondent No.6 was given work order on 15.12.2022 for preparing the sculpture of Parashurama in bronze metal and to install the same atop the Umikal Hill at Karkala Taluka, Uudpi. It was stated that respondent No.6 had earlier submitted the bill and before giving quotation and work order, the amount of Rs.1,21,62,260/- was sanctioned.

¶41

5 - NC: 2024:KHC:32718-DB WP No. 20293 of 2024

¶42

3.1 It was the allegation that when Parashurama statue was installed, it was found that the statue was made of fiber and not with bronze metal. It was alleged that in constructing Parashurama Theme Park work done was very poor.

¶43

3.2 It was the averment by the petitioner himself that the State Government has ordered investigation by referring the case to the Crime Investigation Department (CID) on 03.05.2024. The said investigation is pending. Not only that, subsequently, the State Government has constituted an Inquiry

¶44

Committee headed by the former Mr. H.N Nagamohandas seeking detailed report in respect of the alleged fraudulent incident of Parashurama Theme Park.

¶45

Important documents are sought for by the said Justice Nagamohandas Committee. The Committee is also thus seized

¶46

with the inquiry in relation to the subject matter.

¶47

Thus, the allegation against the alleged GST brought by not paying Rs.7,00,000/- and whether the GST amount is paid or not are the issues already under investigation and subject matter of Inquiry Committee. These aspects necessarily require

¶48

6 - NC: 2024:KHC:32718-DB WP No. 20293 of 2024

¶49

a fact finding exercise. Thirdly, they are too vague to be countenanced in the present public interest petition.

¶50

For all the aforesaid reasons, the Court is not inclined to entertain this petition.

¶51

It is liable to be dismissed. The same stands dismissed.

¶52

Sd/(N. V. ANJARIA) CHIEF JUSTICE

¶53

Sd/-

¶54

(K. V. ARAVIND) JUDGE

¶55

VBS

¶56

List No.: 1 Sl No.: 8

Krishna a Shetty v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Krishna a Shetty v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K Devadas Vs Mr Jayaram

Sri. Chandramouleshwara Shivacharya Swamigalu Mathadhipathi Vs G. K. Mithun Kumar, Ips.

Nagaraju Vs Revathi Kample

Sri Janardhana H G Vs the State of Karnataka

Smt Susheelamma Vs the Executive Officer

Shri Narendra Kumar Vs Shri Ashok D R