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2024 DIGILAW 7 (KAR)

Kallappa v. State of Karnataka

2024-01-03

KRISHNA S.DIXIT, PRASANNA B.VARALE

body2024
ORDER : (Prasanna B. Varale, CJ.) Petitioners claiming to be public spirited citizens have presented this Petition in PIL Jurisdiction, in substance with a prayer for invalidation of allotment of house sites to the victims of Ghataprabha River flood during the relevant period. 2. Having heard the learned counsel for the Petitioners and the learned Additional Government Advocate appearing for the official Respondents, we decline indulgence in the matter for the following reasons: (a) Firstly, the subject allotments were made way back in the year 2009 pursuant to Gram Panchayath Resolution dated 27.10.2009. Some alterations were made way back in the year 2011 itself, allegedly on the agitation of the villagers. Petitioners were before this court earlier in W.P.No.50720/2009 (PIL) and the same was withdrawn and that was negatived by a Co-ordinate Bench of this Court on 20.11.2019. There is absolutely no plausible explanation for the long delay brooked in the matter. It is not that the issue of culpable delay cannot be raised in PIL Jurisdiction as rightly contended by the learned Additional Government Advocate. (b) There is culpable laches attributable to the Petitioners inasmuch as the allotment was sought to be made to as many as 295 families majority of whom belong to downtrodden classes, as the Petition papers themselves demonstrate. However, Petitioners are sectarian in litigating in the sense that out of these 295 allottees, only 22 are arrayed as Respondents, with no explanation whatsoever for not impleading the rest. Thus, Petition lacks the element of bona fide. (c) A Complaint was raised before the Karnataka Human Rights Commission vide HRC No.5460/10/26/2015(B-3). The same having been investigated, the Commission vide Report dated 03.05.2018 found the Complaint to be false. This was preceded by the Report of Deputy Commissioner of Bagalkot District. (d) After perusing the Records, we are of the considered opinion that the Authorities being the paren patria have provided sites/houses to the have-nots that too as a matter of public policy. There is absolutely no justification whatsoever for the Petitioners' to put the same in challenge. The Petition runs counter to the public interest and therefore, the same is liable to be dismissed with exemplary costs. In the above circumstances, the Petition being devoid of merits is liable to be and accordingly dismissed with costs of Rs. 25,000/- (Rupees twenty five thousand) only payable by the first Petitioner Sri Kallappa s/o Bhimappa Kadaballavar and Rs. The Petition runs counter to the public interest and therefore, the same is liable to be dismissed with exemplary costs. In the above circumstances, the Petition being devoid of merits is liable to be and accordingly dismissed with costs of Rs. 25,000/- (Rupees twenty five thousand) only payable by the first Petitioner Sri Kallappa s/o Bhimappa Kadaballavar and Rs. 10,000/- (Rupees ten thousand) only payable by each of the other Petitioners to the Karnataka State Legal Services Authority, Bengaluru, within four weeks. Delay if brooked shall entail the Petitioners with an additional cost of Rs. 100/- (Rupees one hundred) only, each per day. Registry to send a copy of this order by Speed Post to each of the private Respondents and also to the Secretary, Karnataka State Legal Services Authority, Bengaluru.