DHARANI WOMEN AND RURAL DEVELOPMENT ORGANISATION v. UNION OF INDIA
WP/21302/2024 · 2025-01-07
M I Arun
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 30804 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30804 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:235-DB WP No. 21302 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 21302 OF 2024 (GM-MM_S-PIL) BETWEEN:
1. DHARANI WOMEN AND RURAL DEVELOPMENT ORGANISATION TORANAGALLU POST, SANDUR TALUK BELLARY DISTRICT-583 123. ITS PRESIDENT Y G DILEEP KUMAR S/O S G YELLAPPA AGED ABOUT 28 YEARS R/AT HOUSE NO.148, WARD NO.2 VADDARA AND UPPAR STREET NEAR BANNI MAHAKALI TEMPLE TORANAGALLU, SANDUR TALUK BELLARY DISTRICT-583 123. …PETITIONER (BY SRI. CHIDANANDA URS B.G., ADVOCATE) AND:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF MINES SHASTRI BHAVAN NEW DELHI-110 001. Digitally signed by H K HEMA Location: High Court of Karnataka
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NC: 2025:KHC:235-DB WP No. 21302 of 2024
2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MINES) M S BUILDING BENGALURU-560 001. 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001. 4. THE DEPUTY COMMISSIONER BALLARI DISTRICT, BALLARI-583 101. 5. THE DEPUTY COMMISSIONER VIJAYANAGAR DISTRICT HOSPET-583 201. …RESPONDENTS (BY SRI. K.ARVIND KAMATH, ASGI A/W SMT. ANUPAMA HEGDE, CGC FOR R1;
SMT. NILOUFER AKBAR, AGA FOR R2 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE IMPUGNED ORDER BEARING No-CI330MMN2021, BENGALURU DATED 14.03.2022 PASSED BY THE 2ND RESPONDENT (ANNEXURE-F) DECLARING THE SAME AS ILLEGAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:235-DB WP No. 21302 of 2024
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. B. G. Chidananda Urs for the petitioner and learned Additional Solicitor General of India Mr..K..Arvind Kamath assisted by learned Central Government Counsel Smt..Anupama Hegde for respondent No.1-Union of India as well as learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.2 to 5, who appeared upon service of copy of the petition in advance. 2. The present petition is styled as public interest petition.
The petitioner is stated to be a non-profit organization in the name of Dharani Women and Rural Development Organization, Sandur Taluka which has moved this Court through its President, to submit that respondent No.1-Union of India has floated a scheme on 16.09.2015 in the name of Pradhan Mantri Khanij Kshretra Kalyan Yojana whereby, a District Mineral Foundation is established in every district in the country which is affected by the mining related
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NC: 2025:KHC:235-DB WP No. 21302 of 2024
operations, certain funds are earmarked for the purpose under the said scheme. 3. The grievance sought to be raised in the petition, stated in nutshell, is that the Government of Karnataka by Notification dated 08.02.2021 established new Vijayanagara District by carving out six Talukas out of Bellary District and that the newly established Vijayanagara district consists of six Talukas. It is the grievance that the authority has diverted the fund from the aforementioned Yojana which was otherwise was supposed to be used for Bellary District to Vijayanagara District and that such transfer of fund is to the extent of 28%. It is further submitted that the transfer of fund is contemplated periodically. It is the grievance that, the transfer of fund is not permitted under the Scheme and that the public interest suffers thereby. 4. Not only that the petitioner has not been able to establish any statutory right or statutory infraction to further its case and grievance so as to seek invocation of the jurisdiction of this Court, the allocation of fund under the scheme is the question best left to the authorities concerned. Such matters which are purely to be
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NC: 2025:KHC:235-DB WP No. 21302 of 2024
measured by the criteria to be adopted by the competent authorities, cannot become subject matter of public interest litigation. The Court is not inclined to exercise the public interest litigation which is invoked under Article 226 of the Constitution of India. 5.
The petition is meritless and is dismissed. SD/- (N. V. ANJARIA) CHIEF JUSTICE
SD/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 22