1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF NOVEMBER, 2021

PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

AND

THE HON9BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.3436 OF 2021 (LB-RES-PIL)

BETWEEN:

SRI D R NAGARAJ

S/O RAMACHANDRAIAH SETTY

AGED ABOUT 67 YEARS,

R/O VASAVI ROAD

BEHIND GEETHA MANDIRA

DODDAPETE, KOLAR - 563 101

KOLAR DISTRICT

...PETITIONER

(BY SRI.VIJAYAKUMAR KO, ADVOCATE-ABSENT)

AND:

1. THE CHIEF SECRETARY

GOVERNMENT OF KARNATAKA

VIDHANA SOUDHA

DR. B.R.AMBEDKAR VEEDHI

BENGALURU - 560 001

2. THE PRINCIPAL SECRETARY,

GOVERNMENT OF KARNATAKA

DEPT. OF RURAL DEVELOPMENT AND PANCHAYATH RAJ

2

M.S.BUILDINGS

DR B R AMBEDKAR VEEDHI

BENGALURU - 560 001

3. THE MANAGING DIRECTOR

KARNATAKA RURAL INFRASTRUCTURE

DEVELOPMENT LIMITED (KRIDL)

GRAMEENABHIVRUDI BHAVAN

4^TH AND 5^TH FLOORS, ANANDA RAO CIRCLE

BENGALURU - 560 009

4. THE EXECUTIVE ENGINEER

KARNATAKA RURAL INFRASTRUCTURE

DEVELOPMENT LIMITED (KRIDL)

NO.3386, WARD NO.22

KUVEMPU NAGAR, KOLAR - 563 101

5. THE DEPUTY COMMISSIONER

KOLAR DISTRICT

TAMAKA, KOLAR - 563 101

6. THE COMMISSIONER

CITY MUNICIPAL COUNCIL, KOLAR

BEHIND CHANNAIAH RANGAMANDIRA

KOLAR - 563 101

&RESPONDENTS

(BY SMT.VANI.H, AGA FOR R1, R2 & R5;

SRI.BRIJESH PATIL, ADVOCATE FOR R3 & R4;

SRI.J.G.CHANDRAMOHAN, ADVOCATE FOR R6)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO a)ISSUE A WRIT IN THE

NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO

HOLD AN ENQUIRY BY THE CENTRAL BUREAU OF INVESTIGATION

REGARDING

ALL

THE

SCAMS

IN

THE

3^RD

RESPONDENT

ORGANIZATION AND ETC.,

3

THIS PETITION COMING ON FOR PRELIMINARY HEARING

THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

ORDER

This public interest litigation has been filed seeking the

following reliefs:

"a) Issue a writ in the nature of mandamus

directing the respondent No.1 to hold an enquiry by

the Central Bureau of Investigation regarding all the

scams in the 3^rd respondent organization;

b) Issue a writ in the nature of mandamus

directing the respondent Nos.3 and 4 not to proceed

with further construction in the town of Kolar, till

disposal of the writ petition;

c) Issue a writ in the nature of mandamus

directing the respondent Nos.3 and 4 to furnish the

statement of accounts regarding the amount spent for

the aforesaid constructions, and direct the respondent

No.1 to recover the same from the respondent Nos.3

and 4 from their own pocket;

d) Issue a writ in the nature of mandamus

directing the respondent Nos.3 and 4 to re-do the

construction of the roads and streets which they have

already taken up in the Kolar Town at the places : (i)

Doddapete to M.G.Road Circle; (ii) Taluk Office Circle

to Bangarpet Road and (iii) Travellers' Bungalow to

4

Clock-tower circle via Doom-light Circle, by following

all the rules and regulations of construction;

e) Issue such other writ or order or direction as

this Hon'ble Court deems just and proper in the facts

and circumstances of the case and allow this writ

petition, in the interest of justice and equity."

2.

Inspite of repeated call, no one appears for the

petitioner to press this writ petition. Learned counsel for

respondent Nos.3 and 4 has filed an affidavit. The same is

taken on record. The respondent No.6 has also filed the

objections which is already on record.

3.

In the affidavit filed by the respondent Nos.3 and 4,

it has been stated that the writ petition has been filed without

verifying the basic facts and it is a clear abuse of process of

law. It is stated that the allegations against respondent Nos.3

and 4 are made by the petitioner on the premise of alleged

works mentioned in the writ petition having been carried out

by the respondent Nos.3 and 4. However, no such work was

allotted to respondent Nos.3 and 4 and they have not carried

5

out any such work. The respondent No.6 has furnished the

details in respect