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2025 DAILYLAW 82761 (KAR)

SRI. YASHAWANTH J L v. THE STATE OF KARNATAKA

WP/36703/2025 · 2025-12-18

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54410 WP No. 36703 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 36703 OF 2025 (LB-RES) BETWEEN: SRI. YASHAWANTH J.L. S/O.LAKSHMIPATHY J.H., AGED ABOUT 30 YEARS, RESIDING AT JAKKENAHALLI VILLAGE, IDAGURU POST, GAURIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT-561208 …PETITIONER (BY SRI. PRUTHVEEN PRALHAD KATTIMANI, ADVOCATE (THROUGH VC)) AND: 1. THE STATE OF KARNATAKA RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, REP BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER AMANI GOPALAKRISHNAKERE, KARNATAKA-562101 3. THE CHIEF EXECUTIVE OFFICER CHIKKABALLAPURA ZILLA PANCHAYAT, CHICKABALLAPUR ZILLA ADALITHA BHAVANA, SIDLAGHATTA ROAD, CHICKABALLAPUR-562101 4. THE EXECUTIVE OFFICER TALUK PANCHAYAT, GAURIBIDANUR CHIKKABALLAPUR DISTRICT, KARNATAKA-562101. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54410 WP No. 36703 of 2025 5. PANCHAYAT DEVELOPMENT OFFICER IDAGUR-572213 IDAGUR GRAMA PANCHAYATH 6. THE SECRETARY IDAGURU GRAMA PANCHAYATH IDAGUR-572213 …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI. M.S.DEVARAJU, ADVOCATE FOR RESPONDENT NOS.3 TO 6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.5 TO CONSIDER THE REPRESENTATION DATED 19.09.2025 VIDE ANNEXURE-A WITHIN A FIXED TIME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.5 to consider his representation dated 19.09.2025 to clean, clear and maintain the drain. 2. (i) The petitioner is a resident of Jakkenahalli village lying within the limits of Idaguru Grama Panchayat, Gauribidanur Taluk, Chikkaballapura District. He claims that a - 3 - HC-KAR NC: 2025:KHC:54410 WP No. 36703 of 2025 public drain extends from the residence of one Smt. Muttakka upto Anjaneya Temple and that the said drain has remained clogged and overflowing for several months, resulting in overflow of contaminated water and foul odor and unhygienic conditions in the locality. The petitioner claims that he had submitted a representation dated 19.09.2025 to the respondent No.5 requesting to clean the drain. However, the respondent No.5 has not taken any action. (ii) The petitioner is therefore, before this Court seeking for a direction to respondent No.5 to consider his representation. 3. The learned counsel for the petitioner reiterated the above contentions. 4. The learned counsel for respondent Nos.3 to 6 submits that suitable action would be taken if the drain in question is a public drain. 5. In view of the aforesaid submission, this petition is disposed off directing the respondent No.5 to consider the representation of the petitioner dated 19.09.2025 and if the - 4 - HC-KAR NC: 2025:KHC:54410 WP No. 36703 of 2025 drain in question is a public drain, which is required to be maintained by the respondent Nos.5 and 6, they shall take immediate action to clean and clear the same. This shall be done within a period of one month from the date of receipt of certified copy of this Order. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 108