This writ petition in the nature of public interest

litigation is filed exposing the cause of public at large that

the petitioners are the native and permanent residents of

Chikkaballapura Taluk and District, Kasaba Hobli and they

are agriculturist. The serious grievance of the petitioners

is

that

the

District

Authorities

and

the

Statutory

Authorities, both Union Government and the State

Government, acting in blatant violation destroying the

environment eco system, water shed, core Command area

of Nandi Hills in utter disregard and violation of statutory

rules and regulations under the State Act as well as

Central Act. Historic significance of Chikkaballapura

erstwhile undivided Kolar district is having significant

historic background, Nandi Hill Station which is at the

height of 1,478 Mtrs. from the sea level. The place is

hardly 65 kms. from Bengaluru. The State Government,

the District Authorities, People Representatives in utter

violation and disregard of the Environmental Laws, etc.,

- 6 -

permitted

the

private

Trust

and

Foundation

i.e.,

respondent No.16 to deface, dislodge the Green core,

command area in the foot hills of Nandi and Narasimha

Devaru Betta Range, the District Authorities, Deputy

Commissioner, Superintendent of Police, subordinate

police officers high handedly, taking law into their hands,

are perpetuating illegal acts to support respondent No.16

by dislodging the traditional professionals in the area. The

complaints and representations are not at all considered

and no action is initiated. Aggrieved by the inaction of

respondent Nos.1 to 15 for non discharge of constitutional

duties as provided under the statutes, petitioners filed this

writ petition by way of public interest litigation. It is

contended that the petitioners have no private interest or

personal interest.

2. Pursuant to the notice issued by this Court,

respondent No.16 filed statement of objections praying to

reject the writ petition on the ground that the petitioners

- 7 -

have not approached this Court with clean hands and

suppressed the material facts germane to the present

proceedings. The petitioners have played fraud on the

Court and have mislead the Court by suppressing the

material facts and further contended that the writ petition

ought to be rejected for non-compliance with the PIL Rules

and further the whole intent of the petitioners was to stall

the inauguration scheduled on 15.01.2003 and to harass

and humiliate respondent No.16. It is further contended

that false declarations and undertaking were given by the

petitioners as regard their antecedents and other pending

litigations. It is contended that the petitioners have not

approached the court with clean hands. Hence, prayed to

reject the writ petition.

3. Further, respondent No.16 filed an additional

statement of objections contending that the petitioners are

involved in various criminal cases. FIR has been registered

and charge sheet has been filed against petitioner Nos.1, 2

- 8 -

and 3 and in support of his contention, produced the copy

of FIR in various crime numbers marked as Annexures R1

to R14. It is further contended that petitioner No.1 has

suppressed the fact that he has filed a writ petition in

W.P.No.17726/2021 before this Court and the same is

squarely contrary to his statement in the proforma

affidavit. Hence, he prayed to reject the application with

exemplary cost.

4. Heard learned counsel for the parties.

Sri Udaya Holla, learned Senior counsel for

respondent No.16 has raised a preliminary objection

contending that the writ petition filed by the petitioners is

not maintainable as the petitioners neither disclosed their

antecedent and credentials nor does it follow the

procedure as mandated under the PIL Rules. He further

submits that the petitioners have suppressed the material

facts that petitioner Nos.1 to 3 are involved in criminal

- 9 -

cases and further he submits that petitioner Nos.1 and 2

have filed a writ petition in W.P.No.177