In the High Court of Karnataka at Bengaluru

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W.P.No.43698/2018 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF NOVEMBER, 2018 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MRS.JUSTICE S. SUJATHA WRIT PETITION No. 43698 OF 2018(LB-BMP-PIL) BETWEEN : ANIL KUMAR SHETTY K AGED 31 YEARS S/O KUSHAL SHETTY, PRESENTLY RESIDING AT NO.1615, 3RD CROSS, 17 TH ‘B’ MAIN, J.P.NAGAR 2 ND PHASE, BANGALORE-560 076 ... PETITIONER (By Sri. AZHAR MEER, ADVOCATE) AND: BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002. REPRESENTED BY ITS COMMISSIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO FORM A COMMITTEE WHICH INCLUDES PROMINENT MEMBERS OF CIVIL SOCIETY WHO HAVE RENDERED YEOMAN SERVICE, CIVIL SERVANTS, AND ALSO A RETIRED HON'BLE JUDGE OF THIS HON'BLE HIGH COURT OF KARNATAKA. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING: W.P.No.43698/2018 - 2 - ORDER In regard to giving away of Nadaprabhu Kempegowda awards, the petitioner has filed this petition with the following prayers: “A. Issue a writ in the nature of mandamus directing the respondents to form a Committee which includes prominent members of civil society who have rendered yeoman service, civil servants, and also a retired Hon’ble Judge of this Hon’ble High Court of Karnataka, B. Issue a writ in the nature of mandamus directing the respondent to frame draft guidelines for selection of recipients of the Nadaprabhu Kempegowda Award, C. Issue a writ in the nature of mandamus directing the respondent to make available in the public domain, necessary information regarding the credentials and contributions of the recipients of the Nadaprabhu Kempegowda Award, D. Issue any other writ or grant any such other or further relief as this Hon’ble Court may deem fit in the interests of justice and equity. ” W.P.No.43698/2018 - 3 - While hearing this petition, we have queried the learned counsel if the petitioner, before filing this petition, made any representation stating his view-points and suggestions, if any. Learned counsel has responded with the submissions that the petitioner did not make any written representation, but one of the council members of the Bruhat Bengaluru Mahanagara Palike (‘BBMP’) had stated the view-points and that the petitioner made oral representation. The submissions so made on behalf of the petitioner do not persuade us to entertain this matter as public interest litigation (‘PIL’), particularly when it does not appear that before filing this petition, the petitioner specifically made any representation or suggestion to the authorities concerned. Having regard to the circumstances, this petition is required to be dismissed. However, it is left open for the petitioner in taking recourse to appropriate proceedings in accordance with law, including making an appropriate representation or suggestion to the BBMP. In view of the above, exercise of PIL jurisdiction in this matter at this stage and at the instance of the petitioner is declined. W.P.No.43698/2018 - 4 - The petition stands dismissed with the observations and liberty foregoing. Sd/- CHIEF JUSTICE Sd/- JUDGE Dvr: .

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