- 1 - NC: 2025:KHC:6451-DB WP No. 20639 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 20639 OF 2023 (GM-FOR) BETWEEN: 1. MAHABALESHWAR S/O GANAPATHI HEGDE AGE: 41 YEARS, OCC: AGRICULTURE R/O. SHIRANIKERI, POST: KAIKINI-581 421 TQ: BHATKAL, DIST: UTTAR KANNADA. 2. KESHAV S/O SUBBARAYA NAIK AGE: 39 YEARS, OCC: DRIVER R/O. SOPPINGUTTI, UTTARKOPPA POST: KAIKINI-581 421 TQ: BHATKAL, DIST: UTTAR KANNADA. …PETITIONERS (BY MS. SOWKHYA PATIL, ADVOCATE FOR SRI G. BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. THE PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT POST: KAIKINI-581 421 TQ: BHATKAL, DIST: UTTAR KANNADA. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:6451-DB WP No. 20639 of 2023 2. THE REGIONAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, 'PARISARA BHAVAN' LIG-II, B-217, NEAR HARI OM TRUST HABBUWADA, KARWAR-581 303. 3. THE DIRECTOR KARNATAKA STATE POLLUTION CONTROL BOARD 'PARISARA BHAVAN' LIG-II, B-217 NEAR HARI OM TRUST HABBUWADA, KARWAR-581 303. 4. THE ASSISTANT COMMISSIONER BHATKAL SUB-DIVISION BHATKAL-581 320. 5. MARKAZI JAMATUL MUSLIMEEN MURUDESHWAR DARGAH ROAD, MURUDESHWAR-581 350 TALUK:BHATKAL, DIST: KARWAR. 6. RANGE FOREST OFFICER BHATKAL RANGE BHATKAL-581 320, DIST: UTTAR KANNADA. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R.4 & R.6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE LETTER DATED 25.08.2021 IN NO.GRAM.PAM.KAYKINI/2021-22/101 PASSED BY FIRST RESPONDENT VIDE ANNEXURE-G AND ORDER DATED 01.09.2021 IN NO.VAA/BHATKAL/415/2021-22 PASSED BY SIXTH RESPONDENT VIDE ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:6451-DB WP No. 20639 of 2023 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) Invoking the jurisdiction of this Court under Article 226 of the Constitution, the petitioners have filed this petition seeking to get set aside two orders. The first order is dated 25.08.2021 passed by the Panchayat Development Officer, Gram Panchayat, Kaikini, Bhatkala Taluka. The second order is dated 01.09.2021 which is passed by the Zonal Forest Officer, Bhatkala. 2. Both the orders rejected the request of the petitioners to permit them to dispose of the garbage waste within the Gram Panchayat area or within the forest area, as the case may be. The request of the petitioners was rejected on the ground that the action on part of the petitioners is prone to cause damage to the environment and that the garbage cannot be permitted to be - 4 - NC: 2025:KHC:6451-DB WP No. 20639 of 2023 dumped in the forest area or within the Gram Panchayat area, which is being done without any justification and authorization. 3. The case sought to be put forward by the petitioners is that respondent No.5, which is again an entity in the name of Markazi Jamatul Muslimeen Murudeshwar, Dargah Road at Murudeshwar, has granted permission to the petitioners by passing the resolution dated 10.01.2021 to lift the wastage in the area of Kaikini Village, to keep the area clean and dispose of the garbage. 3.1. It is the say of the petitioners that since the date of such permission granted by respondent No.5, the petitioners were dumping the garbage in Sy.No.569 of forest area situated at Kaikini Village, Mavalli Hobli, Bhatakala Taluka. The petitioners have audaciously averred that since several years, the wastage was being dumped in the said forest area. 3.2. It is the case of the petitioners that since they are prevented from doing so, they have no place to dump the garbage to carry out the resolution of respondent No.5 and therefore, they approached the Gram Panchayat authorities and the forest authorities with - 5 - NC: 2025:KHC:6451-DB WP No. 20639 of 2023 representations which were turned down as per the decisions reflected in the impugned communication. 4. The petition is filed and the prayers are advanced in the background of peculiar facts where it is the claim of the petitioners that the entity-respondent No.5 asked the petitioners by resolution to dispose of the garbage waste and that in that light, the petitioners should be permitted to dispose of the garbage in the land bearing Sy.No.569 at where they have been doing disposal of the garbage since several years. 5. There is a total dearth of merits in the case of the petitioners. The petitioners seek to enforce some obligation which is stated to have been cast on them by respondent No.5 by passing a resolution regarding disposal of garbage. Admittedly, the land which is sought to be used for garbage disposal is a forest land. 6. In any view of the matter, it is incomprehensible as to what kind of right and as such what right the petitioners are seeking to enforce by filing this petition. The petitioners do not have any right to seek such relief nor they have right to get their case considered which is totally meritless and strange in itself. - 6 - NC: 2025:KHC:6451-DB WP No. 20639 of 2023 7. The petition is summarily dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 11