Public interest writ petition seeking direction to construct sports stadiums at newly formed talukas in Bidar district. The court held such construction is an administrative policy decision beyond Article 226 jurisdiction, but directed respondents to consider the petitioner's representation within six months.
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NC: 2024:KHC:40246-DB WP No. 27197 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 27197 OF 2023 (GM-RES)
BETWEEN:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
(BY SRI J. R. MOHAN, ADVOCATE)
AND:
…PETITIONER
NC: 2024:KHC:40246-DB WP No. 27197 of 2023
”ABHIVRUDHI BHAVAN”, OPP: IVAN E-SHASHI GUEST HOUSE, KALBURAGI 585 102.
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE COSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSTRUCT SPORTS STADIUMS AT THE NEWLY FORMED TALUKA HEADQUARTERS viz., (i)KAMALANAGAR TALUK, (ii)HULASURA TALUK AND (iii)CHITAGUPPA TALUK, AND ALSO AT BHALKI TALUK COMING UNDER BIDAR DISTRICT, BY CONSIDERING THE REPRESENTATIONS DATED 11/10/2023 MADE BY THE PETITIONER VIDE ANNEXURES-C AND D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA
and
HON'BLE MR JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)
Heard learned advocate Mr. J.R. Mohan for the petitioner,
learned Additional Government Advocate Ms. Niloufer Akbar for the respondents.
NC: 2024:KHC:40246-DB WP No. 27197 of 2023
taken by the respondent-State and its authorities. The construction of the sports stadiums would remain within the domain of the State Government. The decision to construct stadium is coupled with variety of attendant circumstances, with which the Court cannot enter. The direction as prayed cannot be issued in exercise of jurisdiction under Article 226 of the Constitution of India.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/(K. V. ARAVIND) JUDGE
VBS/ List No.: 1 Sl No.: 20
2 issues framed by the court
Whether courts can direct construction of sports stadiums at new taluka headquarters under Article 226.
Whether authorities must consider the petitioner's representation dated 11.10.2023.
2 provisions across 1 enactments
Sri Gurunath Vadde
The State of Karnataka
The Secretary, Kalyana Karnataka Regional Development Board
The Deputy Commissioner, Bidar District
N. V. Anjaria
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
