'Frivolous PIL To Stop Scheduled Caste Woman From Succeeding': Karnataka High Court Dismisses Challenge Against Land Conversion With Costs

A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum termed the petition filed by social activist Jagadeesha MS as frivolous and imposed a cost of Rs. 1 lakh on the petitioner, which is to be deposited within 30 days with the Karnataka Advocates Clerks Welfare Fund.

PY Malini (Respondent 6) had applied for the grant of dealership/distributorship pursuant to an advertisement issued by the Indian Oil Corporation. After following due process of law, a Letter of Intent (LOI) was issued in her favour. The oil company, after verifying all the documents submitted by respondent 6, granted her permission for establishing the retail outlet. She submitted an application to the authority on 1/01/2020 for a grant of permission for the conversion of 25 cents of land.

The Assistant Deputy Commissioner of Kodagu District forwarded the matter to the Deputy Commissioner of Kodagu on January 20, 2020. The tahsildar carried out an exhaustive survey of the land and submitted a detailed report on 19/02/2020 to the Assistant Commissioner, Subdivision, Madekri. Finally, the land was converted by order dated 21/06/2020. The order in respect of conversion which has been passed under the Karnataka Land Revenue Act 1964, makes it very clear that all formalities were observed and detailed and substantive order imposing certain conditions was passed.

The bench noted, "This court has carefully gone through the aforesaid order and has not been able to notice any illegality or irregularity in the order passed by the competent authority i.e. Deputy Commissioner (Kodagu District)."

Further, it said that two legal notices which are part of the petition, reflect that even before the conversion order could be passed, counsels were engaged to serve legal notice to the Deputy Commissioner to ensure that the retail outlet is not opened.

The court observed,

"This really is a shocking state of affairs, even after 70 years of Independence, when a retail outlet is being allotted to a person belonging to a scheduled caste, all efforts are being made to ensure that she does not succeed in operating the retail outlet."

It added, "No violation of any statutory provisions of law has been brought to the notice of this court and there appears to be a calculated move to ensure that the lady is deprived of her legitimate Constitutional Rights, guaranteed to her under 19 (1) (g) of the Constitution of India."

The court also recorded that the allotment and establishment of the retail outlet is governed under the statutory provisions as contained in the Petroleum Act and Petroleum Rules framed thereunder. Rule 44 of Petroleum Rules pertains to the loading and unloading of bulk petroleum.

It said,

"All safeguards are provided under the Petroleum Act and Petroleum rules, and permission is issued after conducting an exhaustive inquiry thereto and after grant of various no objections certificates, from various authorities. As the petitioner who claims to be a social worker has not been able to point out violation of any statutory provisions of law in the matter. The petition appears to be a frivolous PIL."

Accordingly, it ordered "The present petition is nothing but a frivolous PIL and deserves to be dismissed with a cost of Rs 1 lakh and is accordingly dismissed. The petitioner shall deposit the amount with the Karnataka Advocates Clerks Welfare Fund, within a period of 30 days. In case the amount is not deposited the Deputy Commissioner of Kodagu, shall recover the amount as arrears of land revenue and shall deposit the same with the Karnataka Advocates Welfare Fund. He shall file a compliance report with the registrar general of this court.

Case Title: Jagadeesha M S v. State Of Karnataka

Case No: WP 15573/2021