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2025 DAILYLAW 34925 (KAR)

SRI. GURUNATH VADDE v. THE STATE OF KARNATAKA

WP/26889/2023 · 2025-01-27

M I Arun

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3433-DB WP No. 26889 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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. 26889 OF 2023 (GM-KEB PIL) BETWEEN: 1. SRI. GURUNATH VADDE S/O VAJINATH VADDE AGED ABOUT 56 YEARS SOCIAL WORKER R/O JANASEVA ASHRAMA BHAVANI BIJALAGAON-585 443 KAMALANAGAR TALUK BIDAR DISTRICT. …PETITIONER (BY SRI. J. R. MOHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY ENERGY DEPARTMENT M.S.BUILDING Dr. B.R.AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BIDAR DISTRICT, NANDI COLONY BIDAR-585 401. 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH FORT ROAD, BIDAR-585 401. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3433-DB WP No. 26889 of 2023 4. THE EXECUTIVE ENGINEER RURAL DRINKING WATER AND SANITATION DEPARTMENT BIDAR-585 401. 5. THE ASST. EXECUTIVE ENGINEER RURAL DRINKING WATER AND SANITATION DEPARTMENT AURAD-585 326. 6. THE MANAGING DIRECTOR GULBARGA ELECTRICITY SUPPLY COMPANY, (GESCOM) CORPORATE OFFICER OPP: PARIWAR HOTEL MAIN ROAD, KALABURAGI-585 102. 7. THE EXECUTIVE ENGINEER(EL.) GULBARGA ELECTRICITY SUPPLY COMPANY (GESCOM) BANK COLONY, BIDAR-585 401. 8. THE ASST. EXECUTIVE ENGINEER(EL.) GULBARGA ELECTRICITY SUPPLY COMPANY (GESCOM) AURAD-585 326. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO PROVIDE 3-PHASE POWER SUPPLY TO THE PLACES NEAR (I) BHAVANI MANDIR, BALUR (K), KAMALANAGAR TALUK; (II)NAGANNA MANDIR, DONAGAON (M), KAMALANAGAR TALUK AND (III) SRI DATTA MANDIR, GANESHAPURA (A), AURAD TALUK, BIDAR DISTRICT, BY CONSIDERING HIS REPRESENTATION DATED 03/10/2023 MADE BY THE PETITIONER VIDE ANNEXURE-A AND ETC. - 3 - NC: 2025:KHC:3433-DB WP No. 26889 of 2023 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. J.R. Mohan for the petitioner. 2. The present petition is filed styling it as a public interest petition. The petitioner claims to be a social worker and further projects himself to be a public spirited person. 3. What is prayed in this petition is to direct respondent No.3- the Chief Executive Officer, Zilla Panchayath, Bidar, to provide 3-phase power supply to the places near (i) Bhavani Mandir, Balur (K), Kamalanagar Taluka; (ii) Naganna Mandir, Donagaon (M), Kamalanagar Taluk and (iii) Sri Datta Mandir, Ganeshapura (A), Aurad Taluk, Bidar District, by considering the representation made by the petitioner dated 03.10.2023. - 4 - NC: 2025:KHC:3433-DB WP No. 26889 of 2023 3.1 It is further stated that drinking water facility is not provided at the aforesaid places namely, Bhavani Mandir, Naganna Mandir and Sri Datta Mandir. Since they have been provided with only single- phase power supply, it is the claim of the petitioner that non- availability of such power supply causes pilgrims, devotees hardship and inconvenience. 4. It was submitted by the petitioner that during the year 2018, the Government formed three new Talukas in Bidar District that is, Kamalanagar Taluka, Hulasura Taluka and Chitaguppa Taluka which fall under the Kalyana Karnataka region. It is stated that huge amount of grant and aid came to be sanctioned during the past years from the year of establishment till 2023 by the State Government for the development of the Kalyana Karnataka region. 4.1. It is stated that the petitioner has made a representation on 03.10.2023 requesting the respondents to provide 3-phase power for the purpose of drinking water facilities at the said places, however, the same is not decided. 5. In the aforesaid circumstances, when representation is pending and in view that the subject matter lies entirely within the - 5 - NC: 2025:KHC:3433-DB WP No. 26889 of 2023 domain of executive, it is appropriate to require the Competent Authority of the respondents to decide the representation of the petitioner. The facility of drinking water at any place is an essential facility to be provided by the authorities. 6. It is, therefore, directed that the representation of the petitioner shall be considered by the competent authority of the respondents and appropriate decision shall be taken by taking into consideration the various aspects including the hardships of the devotees and pilgrims, within eight weeks from the date of receipt of certified copy of this order. 7. With the above limited observation, the petition is disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 1