Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:27655 WP No. 18070 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 18070 OF 2025 (LB-RES)
BETWEEN:
1.
R.T LOKESH S/O LATE THIRUMALAIAH AGED ABOUT 51 YEARS R/O OPP. SHANESHWARA TEMPLE HOOVADIGARA BEEDHI, RAMANAHALLI CHIKKAMAGALURU - 577101
2. MANUKUMAR S/O SURESH AGED ABOUT 29 YEARS
3. BASAVARAJ S/O LATE SAGANAIAH AGED ABOUT 31 YEARS
4.
VASANTHA KUMAR S/O LATE RANGAIAH AGED ABOUT 24 YEARS
5. PRASHANTH S/O MAHESH AGED ABOUT 24 YEARS
6. KUMAR S/O RANGAIAH AGED ABOUT 30 YEARS
7. RAMESH S/O SAGANAIAH AGED ABOUT 30 YEARS
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:27655 WP No. 18070 of 2025
8. CHANDRASHEKARA S/O KUMAR AGED ABOUT 27 YEARS
PETITIONERS NO. 2 TO 8 ARE RESIDING AT HOOVADIGARA BEEDHI RAMANAHALLI, CHIKKAMAGALURU-577 101. …PETITIONERS
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001 REP BY ITS SECRETARY
2.
THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577101.
3.
THE COMMISSIONER CITY MUNICIPAL COUNSEL CHIKKAMAGALURU CITY CHIKKAMAGALURU - 577101.
4.
DISTRICT HEALTH OFFICER HEALTH AND FAMILY WELFARE DEPARTMENT CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577101.
5.
ADMINISTRATIVE MEDICAL OFFICER PRIMARY HEALTH CENTER KAIMARA CHIKKAMAGALURU TALUK AND DISTRICT - 577101 …RESPONDENTS
(BY SRI. H.K. KENCHEGOWDA, AGA)
- 3 -
HC-KAR NC: 2025:KHC:27655 WP No. 18070 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-J THAT IS THE
ORDER DATED 21-10-2024 BEARING NO.283110 NO. DUDCCK-ADMISC/26/2023 PASSED BY THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU AND CONSEQUENTIAL ORDER DATED 4-11-2024 BEARING NO. CMC/CKM/KAM SHA/CR/10- 2023-24 PASSED BY THE COMMISSIONER, CITY MUNICIPAL COUNSEL, CHIKKAMAGALURU AS PER ANNEXURE-K IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER The relief sought in the captioned petition is purely in the nature of public interest. Further, the records reveal that petitioners have filed a suit in O.S.No.271/2024.
2. This writ petition is filed assailing the action of the respondent-authorities in reserving a portion of the petition schedule property for the establishment of a Primary Health Centre. It is brought to the notice of this Court that the said reservation is in furtherance of the policy decision of the State Government to utilise surplus and unutilised lands for purposes that would subserve the
- 4 -
HC-KAR NC: 2025:KHC:27655 WP No. 18070 of 2025
larger public interest, particularly in the realm of public health infrastructure.
3. It is well settled that the scope of judicial review under Articles 226 and 227 of the Constitution of India does not extend to examining or interfering with policy decisions of the State, unless such decisions are shown to be arbitrary, discriminatory, or violative of fundamental rights or statutory provisions. Merely because the petitioner claims some individual right over the subject land, the same cannot be used as a ground to assail a decision taken by the State in the public interest, especially when the policy action is neither mala fide nor ultra vires.
4. This Court is therefore of the considered view that a dispute that essentially involves balancing individual interest against broader public welfare cannot be resolved in a writ petition filed in the nature of a personal grievance. If the petitioners are genuinely aggrieved and
- 5 -
HC-KAR NC: 2025:KHC:27655 WP No. 18070 of 2025
are of the view that the State action affects a class of persons or involves violation of constitutional guarantees impacting a larger public segment, they are always at liberty to ventilate such grievances by invoking the jurisdiction of this Court in an appropriate public interest litigation.
5. In the light of the foregoing discussion, the present writ petition, being devoid of merit, is accordingly dismissed as not maintainable. However, liberty is reserved to the petitioners to initiate appropriate proceedings in the nature of public interest litigation, if so advised and if they are able to demonstrate a genuine and larger public cause. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 1 Sl No.: 26