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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stood dismissed as withdrawn.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.