RAJASHEKHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ON a letter of the Deputy Commissioner, Hassan dated 30-9-1996, the Government of Karnataka issued an order Annexure R-5 (in WP. 30959 of 1996) dated 21-11-1996 to the Deputy Commissioner, Hassan, authorising the demolition of Channapatha Tank in the city of Hassan and for the disposal of the land covered by the tank in the manner provided therein. Pursuant to Annexure R 5, the Executive Engineer, Hassan issued a notification Annexure J dated 19-12-1996 notifying that the supply of water from the tank is stopped with effect from 19-12-1996, to the farmers.

(2.) THE petitioners who claim to be public spirited persons have challenged the orders Annexures H and J are dock seeking direction for restoration of the breached tank. Writ Petition No. 30959 of 1996 and W. P. 3897 of 1997 are the two writ petitions filed in public lnterest. In Writ Petition No. 30959 of 1996, the petitioner has prayed that a writ or direction in the nature of mandamus not to convert the Channapatna Tank into a bus terminus, railway station etc. and to preserve and protect the same as a national monument for the benefit of mankind. In Writ Petition 3897 of 1997, the relief is to quash Annexures H and J and to restore the tank.

(3.) WRIT Appeal No. 2509 of 1997 is against the refusal of the prayer to grant an interim order in Writ Petition No. 3897 of 1997. The Writ Appeal has apparently become infructuous as the writ petition itself is heard on merits and disposed of by this order and it accordingly ordered.