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Judgment
Petitioners have presented this writ petition as a Public Interest Litigation, inter alia praying for a direction to respondents No.2 and 3 and particularly, respondents No.5 to 23 not to release funds in favour of the beneficiaries selected pursuant to an advertisement dated 9.5.2017 issued by Karnataka Border Area Development Corporation ("Corporation" for short).
We have heard Shri G.M.Chandrashekar, learned Counsel for petitioners and Shri Vivek Holla, learned HCGP for respondents No.1 & 5 to 23 and Shri S.S.Naganand, learned Senior Counsel for respondents No.2 to 4.
Petitioners' case is that, the Corporation issued the aforesaid advertisement calling for eligible Societies in the border area to apply for grant of funds to conduct programmes in the border areas mentioned in the advertisement. The grievance of the petitioners is that, the selection made by the Corporation is not on merit, resulting in release of funds in favour of ineligible Societies/Organizations.
Shri Vivek Holla, learned HCGP for the respondents No.1 & 5 to 23, contended that the beneficiaries under the scheme are selected based on merit and the allegations leveled by the petitioners are wholly unsubstantiated.
Shri S.S.Naganand, learned Senior Counsel for respondents No.2 to 4, the contesting respondents, at the outset, raised an objection with regard to the maintainability of this writ petition as a Public Interest Litigation. Adverting to annexure-R1, filed along with the Statement of Objections, contended that the first respondent is the Secretary of ''Jyothi Bapule Trust (R)'', Chincholi and the said Trust sought for sanction of funds to conduct cultural activities. The first petitioner, also did file a writ petition in W.P.No.204031/2017 before the Kalaburagi Bench of this Court and the said writ petition stood dismissed as withdrawn. He has placed a copy of the Order dated 22.8.2017 in the said writ petition for our perusal.
Shri Naganand, further submitted that, the Corporation, in furtherance of it's avowed objects calls for applications from the eligible organizations to conduct such programmes and projects described in the advertisement. After a strict scrutiny, the authorities select beneficiaries. The first petitioner, being unsuccessful in his
attempt to get funds from the authority and having failed in his attempt to seek enforcement of his ostensible right before this Court, has now cleverly come up with this writ petition in the form of a Public Interest Litigation by including two other petitioners.
We have carefully considered the submissions made by the learned Counsel appearing for the parties and perused the records.
We are prima facie convinced that, the first petitioner did seek for financial assistance to conduct cultural programmes as per annexure-R1. Shri Naganand, is right in his submission that the first petitioner has been unsuccessful in obtaining any relief in the writ petition filed before the Kalaburagi Bench, referred to supra and come up before this Court again by filing this petition as a Public Interest Litigation.
Admittedly, the Corporation is a statutory body. We trust and hope that, it shall endeavour to scrutinize the applications strictly in accordance with the norms and select
the most eligible candidates/organizations to pursue it's cause.
In the facts and circumstances, we see no element of Public Interest in this case.
Resultantly, this petition must fail and is accordingly dismissed.
Petition dismissed.
We make no order as to costs.