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2023 Supreme(Online)(KAR) 17683

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NC: 2023:KHC-K:7464

WP NO.202341 OF 2023

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 19TH DAY OF SEPTEMBER, 2023

BEFORE

THE HON'BLE MR. JUSTICE E.S. INDIRESH

WRIT PETITION NO.202341 OF 2023 (LB-RES)

BETWEEN:

1.

BASAVARAJ

S/O HANUMANTHA

AGED ABOUT 35 YEARSM,

OCC: AGRICULTURE AND SOCIAL WORKER,

R/O TIDIGOL, SINDHANUR TALUK,

RAICHUR DISTRICT - 584 123.

2.

SHIVANAPPA

S/O AMARAGONDAPPA

AGED ABOUT 44 YEARS

OCC: AGRICULTURE AND SOCIAL WORKER,

R/O TIDIGOL, SINDHANUR TALUK,

RAICHUR DISTRICT - 584 123.

…PETITIONERS

(BY SRI. B.K. HIREMATH, ADVOCATE)

AND:

1.

THE DEPUTY COMMISSIONER

RAICHUR TALUK,

RAICHUR DISTRICT - 584 101.

2.

THE CHEIF EXECUTIVE OFFICER

ZILLA PANCHAYAT,

RAICHUR TALUK,

RAICHUR DISTRICT - 584 101.

Digitally signed

by VARSHA N

RASALKAR

Location: High

Court Of

Karnataka

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NC: 2023:KHC-K:7464

WP NO.202341 OF 2023

3.

THE ASSISTANT EXECUTIVE OFFICER

OFFICE OF TALUK PANCHAYAT,

SINDHNUR TALUK,

RAICHUR DISTRICT - 584 128.

4.

THE SUPERINTENDENT OF POLICE

RAICHUR TALUK,

RAICHUR DISTRICT - 584 101.

5.

THE ASSISTANT DIRECTOR

DEPARTMENT OF HORTICULTURE AND

NODAL OFFICER,

GRAM PANCHAYAT, TIDIGOL

SINDHANUR TALUK,

RAICHUR DISTRICT - 584 123.

6.

THE PANCHAYAT DEVELOPMENT OFFICER

GRAM PANCHAYAT, TIDIGOL,

SINDHANUR TALUK,

RAICHUR DISTRICT - 584 123.

7.

THE EXECUTIVE OFFICER

TALUK PANCHAYAT, SINDHANUR

SINDHANUR TALUK,

RAICHUR DISTRICT - 584 123.

…RESPONDENTS

(BY SRI. SHIVAKUMAR R. TENGLI, AGA FOR R1, 4 & 5;

SRI. GOURISH S. KHASHAMPUR, ADVOCATE FOR R2, 3, 6 & 7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

ISSUE WRIT OF MANDAMUS DIRECTING RESPONDENTS 1 TO 5

TO TAKE LEGAL ACTION AGAINST THE RESPONDENT NO.6 AND

PERSONS WHO OBTAINED BILL FOR CONSTRUCTION OF

TOILETS VIDE ANNEXURES ‘A’ AND ‘C’; AND ETC.

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NC: 2023:KHC-K:7464

WP NO.202341 OF 2023

THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:

Sri. Shivakumar R. Tengli, learned Additional Government

Advocate accepts notice for respondents 1, 4 and 5 and Sri.

Gourish S. Khashampur, learned counsel accepts notice for

respondents 2, 3, 6 and 7.

2. It is the grievance of petitioners that the petitioners

have lodged complaint against the respondent No.6 and other

persons alleging that the respondent No.6 has colluded with the

respondent No.5 insofar as sanctioning the amount for

construction of Toilets under the scheme “Swacha Bharat

Abhiyan Yojane”.

3. In that view of the matter, without expressing any

opinion on merits of the case, respondent No.2 herein is

directed to consider the application sent through Courier vide

Annexure-C dated 07th August, 2021 within eight weeks from

the date of receipt of this order.

4. It is needless to state that, petitioners shall make one

more comprehensive representation to the respondent No.2 for

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appropriate action in the matter. Writ petition is accordingly

disposed of.

Sd/-

JUDGE

ARK

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