Dismissed

Uttar Karnataka Raithara Abhivruddi Sangha v. Government of Karnataka

Karnataka HC9 Aug 2024WP/5563/2021

Case brief

AI extract

What is this about?

Public interest litigation sought direction to the State to shift nine offices to North Karnataka under a 2019 notification, citing hardship to farmers travelling to Bengaluru. The State affidavit showed several offices already shifted and Cabinet decisions dropping or altering others. The court found the government alive to the grievance and dismissed the petition as not entertainable.

What the court decided

AI extract

Uttar Karnataka Raithara Abhivruddi Sangha Vs… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:32572-DB WP No. 5563 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF AUGUST, 2024

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PRESENT

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

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AND

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

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WRIT PETITION NO. 5563 OF 2021 (GM-RES-PIL)

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BETWEEN:

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Digitally signed by VASANTHAKUMARY B K

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Location: High Court of Karnataka

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UTTARA KARNATAKA RAITHARA ABHIVRUDDI SANGHA MANAGULI AGASI MANAGULI ROAD VIJAYAPURA–586 101 REPRESENTED BY ITS PRESIDENT SRI YASEEN N. JAVALI AGED ABOUT 45 YEARS MANAGULI AGASI MANAGULI ROAD VIJAYAPURA–586 101

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(BY SRI NISAR SAB, ADVOCATE)

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…PETITIONER

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AND:

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GOVERNMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU–560 001

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KRISHNA BHAGYA JALA NIGAM NIYAMITHA, GATE NO.1

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3^RD FLOOR, PWD OFFICES ANNEX BUILDING

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2 - NC: 2024:KHC:32572-DB WP No. 5563 of 2021

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NRUPATHUNGA ROAD K R CIRCLE (BEHIND TREASURY OFFICE) BENGALURU-560 001

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KARNATAKA NIRAVARI NIGAM NIYAMITHA BENGALURU COFFEE BOARD BUILDING 4^TH FLOOR, AMBEDKAR VEEDHI BENGALURU-560 001

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KARNATAKA STATE JAVALI MOOLA SAULABHYA ABHIVRUDDHI NIGAM NIYAMITHA, BENGALURU (VIDDYUTH MAGGADA ABHIVRUDDHI NIGAM NIYAMITHA), 6^TH FLOOR VAKKALIGARA BHAVANA KITTUR RANI CHANNAMMA CIRCLE BENGALURU-560 027

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SAKRE NIRDESHAKARU MATTU KABBU ABHIVRUDDHI MANDALI CENTRAL KACHERI THE SECRETARY DIRECTORATE OF SUGAR CANE DEVELOPMENT AND SUGAR, VIKAS SOUDHA BHAVANA KITTUR RANI CHANNAMMA CIRCLE BENGALURU-560 001

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KARNATAKA NAGAR NEERU SARABARAJU MATTU VALACHARANDI MANDALI BENGALURU OFFICE, NO.5 JALA BHAVAN I BANNERGHATTA MAIN ROAD BENGALURU-560 029

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NIRDESHAKARU PURATATVA SANGRALAYA MATTU PARAMPARE ILAKE MYSORE COMMISSIONER DEPARTMENT OF ARCHAEOLOGY MUSEUM AND HERITAGE PALACE COMPLEX MYSORE-570 001

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3 - NC: 2024:KHC:32572-DB WP No. 5563 of 2021

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KARNATAKA STATE HUMAN RIGHTS COMMISSION, 1^ST TO 4^TH FLOOR M S BUILDING, 5^TH PHASE DR. AMBEDKAR VEEDHI NEAR VIDHANA SOUDHA BENGALURU-560 001

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KARNATAKA RAJYA MAHITI AAYOGA ROOM NO.202, MAHITI SUDHA DEVRAJ URS ROAD OPP. VIDHANA SOUDHA WEST GATE-2 BENGALURU-560 001

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KARNATAKA LOKAYUKTHA OFFICE DR. B R AMBEDKAR ROAD M S BUILDING BENGALURU-560 001

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…RESPONDENTS

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(BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R-1; SRI B R PRASHANTH, ADVOCATE FOR SRI B SUDHAKAR, ADVOCATE FOR R-2 & 3; SRI H N SHASHIDHARA, ADVOCATE FOR R-6; SRI GOPALKRISHNA SOODHI, ADVOCATE FOR R-8; SRI G B SHARATH GOWDA, ADVOCATE FOR R-9; V/O DT. 28.07.2021, NOTICE TO R-4, 5, 7 & 10 ARE TREATED AS GOOD SERVICE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA PUBLIC INTEREST LITIGATION RULES, 2018, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO TAKE APPROPRIATE ACTIONS TO TRANSFER THE SAID 9 OFFICES TO THE VARIOUS PLACES OF NORTH KARNATAKA AND TO IMPLEMENT THE NOTIFICATION AT ANNEXURE-A AND TIME MAY BE FIXED TO IMPLEMENT THE SAME.

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

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4 - NC: 2024:KHC:32572-DB WP No. 5563 of 2021

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

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HON'BLE MR JUSTICE K V ARAVIND

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ORAL ORDER

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

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Heard learned advocate Mr. Nisar Sab for the petitioner, learned Additional Government Advocate Mr. Mohammad Jaffar Shah for respondent No.1, learned advocate Mr. B.R. Prashanth for learned advocate Mr. B. Sudhakar for respondent Nos.2 and 3, learned advocate Mr. H.N. Shashidhara for respondent No.6, learned advocate Mr. Gopalkrishna Soodhi for respondent No.8 and learned advocate Mr. G.B. Sharath Gowda for respondent No.9. As far as respondent Nos.4, 5, 7 and 10 are concerned, service to them is considered as good service as per the order dated 28.07.2021.

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The State Government has issued the notification dated 10.01.2019. The notification has the object of ensuring fast

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5 - NC: 2024:KHC:32572-DB WP No. 5563 of 2021

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development and progress of North Karnataka and to make the administrative machinery near to general public in that area.

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2.1 In that view, the said notification contemplated transfer of certain offices to different places in North Karnataka. The notification was issued as per the Karnataka Sarkara (Vyavahara Nirvahane) Niyamagalu, 1977.

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The petitioner, which is Uttara Karnataka Raithara Abhivruddi Sangha, has filed this petition in the nature of public interest litigation seeking to implement the aforesaid notification dated 10.01.2019. It was stated that though the notification was issued with a laudable object, because of non-implementation thereof, the general public and in particular, the farmers hailing from Uttara Karnataka districts are put to sufferance. It was stated that it is difficult and impossible for poor farmers to come to Bengaluru for various administrative works and for getting the benefits of different schemes of the government.

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3.1 For these purposes and other related issues, they have to travel a long distance and stay for days together spending their hard earned money. Not only that, it was stated that even

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6 - NC: 2024:KHC:32572-DB WP No. 5563 of 2021

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thereafter, some times they have to return with empty hands without getting any relief.

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3.2 Therefore, the prayer is made in the petition, after setting out the pleadings, to direct the respondent to take necessary steps to transfer nine offices to different places in North Karnataka by implementing the aforesaid notification.

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In response to the grievance and the prayer, the affidavit was filed on behalf of the State Government. It was stated that as per the said notification, nine offices are to be shifted out of which, three offices have already been shifted to Uttara Karnataka and that, they have been operational for conducting administration in their respective spheres.

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It was stated that the idea of shifting the office shown at Sl.No.7 of the notification was dropped as per the decision taken in the meeting of the Cabinet held on 04.09.2019. It was further stated that in the Cabinet meeting held on 17.09.2019, the decision was taken not to shift the Lokayukta offices and therefore, shifting of one Upa-Lokayukta office does not arise.

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5.1 It was stated that in respect of the office of Krishna Bhagya Jala Nigama Niyamitha shown at Sl.No.1 of the said notification, the Government Order dated 30.10.2021 was issued for shifting the office. It was stated that the office of Karnataka Neeravari Nigama Niyamitha shown at Sl.No.2 awaits the decision for shifting as the proposal is pending in that regard.

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5.2 In respect of the office of Sakkare Nirdheshakaru Mattu Kabbu Abhivruddi Ayukthara Kendra Kacheri shown at Sl.No.4, it was stated that the government has passed the order dated 30.09.2021 and it is likely that the said office will be started immediately. Similarly, the office of the Karnataka State Information Commission shown as Sl.No.8, which is the office of the Commissioner, has already been shifted and is made operational at Belagavi.

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5.3 It was stated in the affidavit that the government has been making all efforts to shift the offices to ensure that administrative machinery is available to the door steps of Uttara Karnataka people to their benefit.

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NC: 2024:KHC:32572-DB WP No. 5563 of 2021

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In view of the above, it could be said that the government is alive to the grievance raised in the petition and has even implemented shifting of the offices.

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The petition is not liable to be entertained and it is dismissed.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K V ARAVIND) JUDGE

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BKV List No.: 1 Sl No.: 27

Uttar Karnataka Raithara Abhivruddi Sangha v. Government of Karnataka

Case brief

What is this about?

What the court decided

Uttar Karnataka Raithara Abhivruddi Sangha v. Government of Karnataka

Case brief

What is this about?

What the court decided

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