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2026 DAILYLAW 23903 (KAR)

SHRI SHRIKANTHA SUBRAYA NAIK v. STATE OF KARNATAKA

WP/12489/2026 · 2026-06-25

K S Hemalekha

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31640-DB WP No. 12489 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 12489 OF 2026 (GM-RES-PIL) BETWEEN: 1. SHRI SHRIKANTHA SUBRAYA NAIK S/O SHRI SUBRAYA NAIK AGED ABOUT 50 YEARS RESIDING AT BERANKI HONNAVARA, BERANKI UTTARA KANNADA KARNATAKA - 581 423 …PETITIONER (BY MS. MAITREYI KRISHNAN, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001 2. PRESIDENT GRAMA PANCHAYAT KODANI, HONAVAR TALUK UTTAR KANNADA DISTRICT - 581 334 3. PANCHAYAT DEVELOPMENT OFFICER KODANI GRAMA PANCHAYAT Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31640-DB WP No. 12489 of 2026 HONAVAR TALUK UTTAR KANNADA DISTRICT - 581 334 4. TAHSILDAR HONNAVAR UTTARA KANNADA DISTRICT - 581 334 5. EXECUTIVE OFFICER TALUK PANCHAYAT HONNAVAR - 581 334 6. CHIEF EXECUTIVE OFFICER TALUK PANCHAYAT HONNAVAR - 581 334 7. DEPUTY COMMISSIONER KARWAR UTTARA KANNADA DISTRICT - 581 301 8. DEPARTMENT OF MINES AND GEOLOGY UTTARA KANNADA KARWAR - 581 301 …RESPONDENTS (MS. NILOUFER AKBAR, AGA FOR R-1, 4, 7 & 8) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION TO IMMEDIATELY RESTORE THE GRAMA PANCHAYAT AND VILLAGE ADMINISTRATOR OFFICE TO THE ORIGINAL SITE LOCATED AT KODANI, HONNAVAR, UTTARA KANNADA, KARNATAKA - 581 334 WITHIN 15 DAYS FROM TODAY AS PER THE GEOLOGICAL REPORT DATED 14/01/2026 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31640-DB WP No. 12489 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, inter alia, praying that directions be issued to immediately restore the Gram Panchayat and Village Administrator Office to the original site located at Kodani, Honnavar, Uttara Kannada, Karnataka. 2. The petitioner states that the Gram Panchayat and the Village Administrator office was originally located at Survey No.51A1A2, Kodani, Honnavar, Uttara Kannada, which was 500 mtrs. away from the city center and it was convenient for the villagers to access the same. However, it was subsequently found that there may be some risk to the office since it was located on the foot of a hill, which was considered as unsafe. 3. On 05.06.2025, the Department of Mines and Geology, Uttara Kannada District had submitted a report flagging the risk of collapse of the hill, which is behind the said office and had recommended that the office be shifted as a precautionary - 4 - HC-KAR NC: 2026:KHC:31640-DB WP No. 12489 of 2026 measure, albeit on a temporary basis. The petitioner states that although there were sites located nearby, the office was ordered to be shifted to a site which is 6 kms. away from the original site. It was also submitted that there is a Gram Panchayat Hall which is barely at a kilometre away from the original site. But the office was not shifted to that site, instead was moved to a site, which according to the petitioner is not easily accessible. 4. The petitioner further submits that the perceived risk no longer exists as a fresh report dated 19.06.2026 has been submitted to the effect that the site is now safe. 5. We are not persuaded to accept that any interference of this court is warranted in the matters relating to location of the offices of Gram Panchayat and the administrative offices. Admittedly, the site is barely 6 kms. away from the original site. The decision as to where the administrative offices are to be located, is a decision which would warrant no interference, unless it is established that the decision is unreasonable or capricious. The averments made in the petition indicate that the office was shifted as a precautionary measure. Thus, we are unable to accept that the said decision can be construed as unreasonable on the annul of the Wednesbury - 5 - HC-KAR NC: 2026:KHC:31640-DB WP No. 12489 of 2026 test. And, there is no allegation of any mala fides in shifting the office. 6. In view of the above, we do not consider it apposite to entertain the present petition. 7. The petition is, accordingly, dismissed. 8. It is always open for the petitioner to make representations to the concerned authorities. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 10