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NC: 2023:KHC:41145-DB

WP No. 24288 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF NOVEMBER, 2023

PRESENT

THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

AND

THE HON'BLE MR JUSTICE KRISHNA S DIXIT

WRIT PETITION NO. 24288 OF 2023 (GM-RES-PIL)

BETWEEN:

JAGRUTHA KARNATAKA JAGRUTHA BHARATHA,

REPRESENTED BY ITS PRESIDENT,

K.N. MANJUNATHA, NO. B1-13-2,

GOKULAM, D.K. SANDRA,

KANAKAPURA MAIN ROAD,

BANGALORE-560 062.

…PETITIONER

(BY SRI K.N MANJUNATH, PARTY-IN-PERSON)

AND:

1.

THE SECRETARY, GOVT. OF INDIA,

MINISTRY OF WATER RESOURCES,

NO.2, RAFI MARG, SANSAD MARG AREA,

NEW DELHI-110 001.

2.

THE KAVERI WATER MANAGEMENT AUTHORITY,

DEPT. OF WATER RESOURCES,

H5-8 Q + W 5R, BIKAJI CAMA PLACE,

R.K. PURAM, NEW DELHI-110 066.

3.

THE CHIEF SECRETARY,

GOVT. OF TAMILNADU,

SECRETARIAT,

CHENNAI-600 009.

Digitally signed

by SHARADA

VANI B

Location: HIGH

COURT OF

KARNATAKA

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WP No. 24288 of 2023

4.

THE CHIEF SECRETARY,

GOVT. OF KARNATAKA,

VIDHANA SOUDHA,

BANGALORE-560 001.

…RESPONDENTS

(BY MS. NAYANA TARA B.G, CGC FOR R-1;

SMT. NILOUFER AKBAR, AGA FOR R-4)

THIS WP IS FILED UNDER ARTICLE 226/227 OF THE

CONSTITUTION OF INDIA TO DIRECT THE RESPONDENTS-1

AND 2 TO PUBLISH THE MISSING KARNATAKA COLUMN WITH

HELD AT CLAUSE 9A BY THE KAVERI TRIBUNAL FOR UNKNOWN

REASONS AND TO REMOVE THE LEGAL ERROR AND LACUNA

APPARENT ON THE FACE OF THE RECORDS TO PUT A

JUDICIOUS END TO THIS SETTLED DISPUTE UNDER ARTICLE

227 OF THE CONSTITUTION WITHIN 2 WEEKS AS WITH HELD

COLUMN MONTHLY FIGURES ARE ALREADY WITH THEM ON

HAND

IN

THE

UPHELD

KAVERI

TRIBUNAL

VERDICT.

ANNEXURE-(A3), PAGE-13.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

CHIEF JUSTICE MADE THE FOLLOWING:

ORDER

Heard the party-in-person.

2.

Though

this

petition

suffers

from

non-

compliance of the rules, apart from that, the prayer in the

petition is couched broadly in the following words:

"To direct the respondents-1 and 2 to

publish the missing Karnataka Column with

held at Clause 9A by the Kaveri Tribunal for

Unknown reasons and to Remove the Legal

Error and Lacuna apparent on the Face of

the Records to put a judicious end to this

Settled Dispute under Article 227 of the

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Constitution within 2 weeks as WITH HELD

COLUMN MONTHLY FIGURES are already

with them on Hand in the upheld Kaveri

Tribunal Verdict. Annexure-(A3)"

3.

The party-in-person vehemently argues that

under Article 227 of the Constitution of India, court has

power to rectify the arguable defect, which according to

him, is apparent on the face of the record, and therefore,

the same needs to be rectified by issuing an appropriate

direction. Learned Advocate General appearing for the

State and the learned CGC appearing for the Center,

oppose the petition drawing our attention to the provisions

of Inter-State River Water Disputes Act, 1956 enacted by

the Parliament in terms of Article 262(2) of Constitution of

India. They also submit that already the Cauvery Water

Disputes Tribunal has been functioning since decades and

therefore, judicial intervention is neither permissible nor

desirable, since matter essentially touches Inter-State

water dispute.

4.

Having heard the party-in-person and the

counsel appearing for the respondents and having perused

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WP No. 24288 of 2023

the Petition Papers, we are of a considered view that the

stand taken by the respondents broadly accords with the

legal position as to impermissibility of judicial intervention

in matters of the kind. This view gains support from the

observations

of

the

Apex

Court

in

STATE

OF

KARNATAKA vs. STATE OF ANDHRA PRADESH, AIR

2001 SC 1560 and STATE OF ORISSA V. GOVERNMENT

OF INDIA, (2009) 5 SCC 492.

In view of the above, we decline indulgence in the

petition, reserving liberty to the petitioner to avail