- 1 - NC: 2025:KHC:9955-DB WP No. 13309 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 13309 OF 2021 (LB-RES-PIL) BETWEEN: 1. PRASHANT S/O. APPANNA TODKAR AGE: 39 YEARS OCC: SOCIAL WORKER R/O. ATHANI TALUK DISTRICT: BELAGAVI - 416 104. 2. SANTOSH S/O. RAMAPPABADATAMBI AGE: 29 YEARS OCC: TEACHER R/O. ATHANI TALUK DISTRICT: BELAGAVI - 416 104. 3. RAVI S/O. MURGEPPA BADATAMBI AGE: 27 YEARS OCC: BUSINESS R/O. ATHANI TALUK DISTRICT: BELAGAVI - 416 104. 4. PARSHURAM S/O. MALAPPANANDISHWAR AGE: 30 YEARS OCC: AGRICULTURE Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9955-DB WP No. 13309 of 2021 R/O. ATHANI TALUK DISTRICT: BELAGAVI - 416 104. 5. GOVIND S/O. JYOTIBAPUJARI AGE: 39 YEARS OCC: BUSINESS R/O. ATHANI TALUK DISTRICT: BELAGAVI - 416 104. …PETITIONERS (BY SRI. GIRISH MANGANNAVAR BABURAO, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY BENGALURU - 560 001. 2. CHIEF ENGINEER AND CHIEF ADMINISTRATIVE OFFICER ATHANI MUNICIPAL CORPORATION ATHANI, DISTRICT BELAGAVI - 416 104. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R.1; SRI. SHARATH S. GOGI, ADVOCATE FOR R.2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CANCEL THE ORDER OF CONSTRUCTION SURROUNDING THE LAKE BEARING R S NO.1233/1 MEASURING TOTALLY 13 ACRE 12 GUNTA OF ATHANI TALUK, DISTRICT: BELAGAVI, VIDE ANNEXURE-B., ETC. - 3 - NC: 2025:KHC:9955-DB WP No. 13309 of 2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Girish B. Mangannavar for the petitioners and learned Additional Government Advocate Smt. Niloufer Akbar for respondent No.1 who appears upon service of a copy of the petition in advance. 2. Five petitioners projecting themselves as public spirited persons have filed this petition styled as public interest petition. What is prayed is that respondent No.2-Chief Engineer, Athani Municipal Corporation, Athani, Belagavi District, be directed to cancel the construction ordered surrounding "the lake" bearing Revenue Survey No.1233/1 measuring 13 acres and 12 guntas of Athani Taluka, District Belagavi. - 4 - NC: 2025:KHC:9955-DB WP No. 13309 of 2021 3. It is the case of the petitioners inter alia that the construction is carried out by encroaching the banks of the lake and that the respondents-authorities who are the Principal Secretary, State of Karnataka and Chief Engineer have not been discharging their responsibility of protecting the lake. 4. There are more than one reason why this Court is not inclined to entertain the present public interest petition. Firstly, the petition was filed in the year 2021. The court has been moved after four years. No details are furnished with regard to the nature of the construction and the extent of construction. It is too vague assertion that illegal construction is being made on the lake. 4.1 Secondly, those persons who are allegedly constructing on the alleged lake are not made as parties and in their absence, no grievance can be considered by the court. Thirdly and importantly, the petitioners have not produced anything worth the name to show that the land in question in respect of which encroachment and unauthorised construction are alleged is a lake, except proposing to show the photographs. - 5 - NC: 2025:KHC:9955-DB WP No. 13309 of 2021 5. The petition is too vague with legal defects as above. It is accordingly dismissed. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 24