- 1 - NC: 2025:KHC-D:723 WP No. 105230 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.105230 OF 2024 (GM-RES) BETWEEN: 1. MR ARUNAKUMAR URANAKAR S/O. LATE SHIVAJI RAO, AGE: 58 YEARS, OCC: NIL PHYSICALLY DISABLED R/O: TILAVALLI, TAL: HANGAL, DIST: HAVERI – 581 120. 2. MR. SHIVAPUTRAPPA S/O. HANUMANTAPPA BHAJANTRI, AGE: 65 YEARS, OCC: NIL, (PHYSICALLY DISABLED), R/O: INAM LAKAMAPUR, TILAVALLI, TAL: HANGAL, DIST: HAVERI 581 120. 3. MR. GURUSHANTAPPA S/O. SIDDAPPA POOJAR, AGE: 48 YEARS, OCC: NIL, (PHYSICALLY DISABLED), R/O: INAM LAKAMAPUR, TILAVALLI, TAL: HANGAL, DIST: HAVERI 581 120. 4. KUMARI NAGAVENI VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:27:13 +0530 - 2 - NC: 2025:KHC-D:723 WP No. 105230 of 2024 D/O. LAKSHMANAPPA BYADAGI, AGE: 21 YEARS, OCC: NIL, (PHYSICALLY DISABLED), R/O: INAM LAKAMAPUR, TILAVALLI, TAL: HANGAL, DIST: HAVERI 581 120. 5. KUMARI RENUKA D/O. LAKSHMANAPPA BYADAGI, AGE: 23 YEARS, OCC: NIL, (PHYSICALLY DISABLED), R/O: INAM LAKAMAPUR, TILAVALLI, TAL: HANGAL, DIST: HAVERI 581 120 …PETITIONERS (BY SRI M. S. HARAVI, ADVOCATE) AND: 1. THE COMMISSIONER, KARNATAKA STATE RIGHTS OF THE PERSONS WITH DISABILITY ACT NO.55, 2ND FLOOR, ABHAYA COMPLEX, KARNATAKA SLUM DEVELOPMENT BOARD BUILDING, RISALDAR ROAD, SHESHADRIPURAM, BENGALURU – 560 020. 2. THE DEPUTY COMMISSIONER, HAVERI, DIST: HAVERI – 581 110. 3. THE DISTRICT PHYSICALLY DISABLED PERSONS WELFARE OFFICER, DEPARTMENT OF PHYSICALLY DISABLED AND SENIOR CITIZENS EMPOWERMENT, DISTRICT ADMINISTRATIVE BHAVAN, HAVERI, DIST: HAVERI – 581 110. - 3 - NC: 2025:KHC-D:723 WP No. 105230 of 2024 4. THE DEPUTY DIRECTOR, WOMAN AND CHILD WELFARE DEPARTMENT HAVERI, DIST: HAVERI – 581 110. 5. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, HAVERI, DIST: HAVERI – 581 110. 6. THE EXECUTIVE OFFICER TALUKA PANCHAYATH, HANGAL, TQ: HANGAL, DIST: HAVERI – 581 104. 7. THE PANCHAYATH DEVELOPMENT OFFICER, TILAVALLI GRAM PANCHAYATH, TILAVALLI, TAL: HANGAL, DIST: HAVERI – 581 120. 8. THE PANCHAYATH DEVELOPMENT OFFICER, HONKANA GRAM PANCHAYATH, HONKANA, TAL: HONGAL, DIST: HAVERI – 581 120. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R4; SRI M.M.KHANNUR, ADVOCATE FOR R5 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 8 TO RELEASE THE FUND OF THE PERSONS WITH DISABILITIES TO THE PETITIONERS AND PROVIDE THEM BASIC FACILITIES SUCH AS PROVIDING OF FOUR WHEELER SCOTER, SITES, TAILORING MACHINE, TEMPORARY SHELTER FOR RUNNING PETTY BUSINESS ETC, FORTHWITH BY CONSIDERING THE REPRESENTATION SUBMITTED VIDE ANNEXURE-V AND W DATED. 03-07-2024 RESPECTIVELY. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.7 AND 8 NOT TO UTILIZE THE GRANT OF PERSONS WITH DISABILITIES FOR SOME OTHER PURPOSE OTHER THAN THE BENEFITS OF PERSONS WITH DISABILITIES AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:723 WP No. 105230 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: 1. Issue writ, order or direction in the nature of Mandamus directing the respondent no.2 to 8 to release the fund of the persons with disabilities to the petitioners and provide them basic facilities such as providing of four wheeler scoter, sites, tailoring machine, temporary shelter for running petty business etc, forthwith by considering the representation submitted vide Annexure- V and W dated. 03-07-2024 respectively. 2. Issue writ, order or direction in the nature of Mandamus directing the respondent no.7 and 8 not to utilize the grant of persons with disabilities for some other purpose other than the benefits of persons with disabilities. 3. Pass any appropriate order or direction as deems fit by this Hon’ble court under the facts and circumstances of the case by allowing this writ petition with cost. 2. Heard the learned counsel for the petitioners Sri. M. S. Haravi, learned counsel Sri.M.M.Khannur representing respondent Nos.5 to 8 and the learned AGA Sri.Sharad V. Magadum appearing for the respondent- State. - 5 - NC: 2025:KHC-D:723 WP No. 105230 of 2024 3. The petitioners suffer from different disabilities and would come within the rights entitled to them under the Rights of Persons with Disabilities Act, 2016. After the amendment to the Act and its promulgation in the year 2016, the petitioners appear to have submitted plethora of representations to the respondents seeking certain benefits that they are entitled to under the Act, the same has not met its consideration at the hands of the respondent Nos.7 and 8, and are therefore at the doors of this Court. 4. The learned counsel Sri. M.M.Khannur submits that if reasonable time is granted, the representation of the petitioners would be considered and appropriate orders would be passed in accordance with law. 5. In the light of the said submission, I deem it appropriate to dispose the petition, directing the respondents to consider the representation in accordance with the Act and pass necessary orders in accordance with the Act, in accordance with law, and pass necessary orders - 6 - NC: 2025:KHC-D:723 WP No. 105230 of 2024 and communicate the orders that are passed to the petitioners within an outer limit of 12 weeks, if not earlier. 6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 8