The State of Karnataka vs Sri Kunhi Kanna and Others

B.S. Patil, J.—These review petitions are filed by the State Government and the Department of Urban Development along with the Director General and Inspector General of Police, Bangalore, seeking review of the order dated 08-11-2011 passed by this Court in W.P. Nos. 38535-571/2011. The said writ petitions were filed by the respondents herein seeking direction to the review petitioners to pay one increment, cash rewards and allotment of house sites to them in their home district or district of their choice in terms of the Government order dated 08-07-2005 issued by the State Government.

It is not in dispute that the Government order dated 08-07-2005 provided to the 754 police personnel who were part of the Special Task Force on 18-10-2004, the date on which forest brigand Veerappan was killed with certain benefits including allotment of sites.

The grievance made in the writ petitions was that though they were also part of the said 754 members of the Special Task Force involved in the operation against Veerappan on 18-10-2004, their case was not considered for extending the benefits like grant of increment, allotment of house sites etc., as extended to the other members of the task force. When the writ petitions came up before this Court on 08-11-2011, the learned Government Pleader took notice for the respondents, on the submission made at the bar by the counsel for the parties stating that in similar circumstances, this Court had already disposed of several writ petitions filed by similarly placed persons issuing certain directions following the judgment in K. Ningaraju and Others Vs. The State of Karnataka, , in respect of police men who had served as members of the Special Task Force for allotment of sites etc., this Court found that the petitioners who claimed that they were part of the task force as on 18-10-2004 were also entitled for similar relief provided, they established that they had rendered their services as members of the Special Task Force for nabbing the forest brigand Veerappan. This order has been apparently passed on the assertion made by the petitioners in para No. 1 of the writ petitions that they were amongst 754 members of the Special Task Force who were involved in the operation of capturing Veerappan as on 18-10-2004.

The main contention of the review petitioners/State Government and its authorities is that the respondents herein who were the writ petitioners in the proceedings under review were not part of the 754 members of the Special Task Force in the operation against Veerappan and that they have misrepresented before this Court on the said fact.

Though this matter is listed on several occasions before this Court, the counsel for the respondents/writ petitioners were not present. It is undeniable that the respondents herein asserted in their writ petitions that they were amongst 754 members of the Special Task Force who were involved in the operation of capturing Veerappan as on 18-10-2004. But the contention of the review petitioners is that they were not so involved on the date when Veerappan was captured.

The Government order based on which the relief was sought in the writ petitions made it clear that, the benefits were extended to 754 police personnel who were part of Special Task Force that killed Veerappan on 18-10-2004. Hence, as the assertion made by the review petitioners in the writ petitions filed by them that they were also part of 754 personnel who killed Veerappan on 18-10-2004 has been denied and the said denial in the review petitions is not countered by filing any objection, it emerges that by misrepresenting the said fact, the petitioners have obtained the order from the hands of this Court.

Indeed in the representation submitted by them addressed to the Director General and Inspector General of Police which are enclosed to the writ petitions as Annexures-F1 to F37, they have either asserted that they were not part of Special Task Force on 18-10-2004 or have not mentioned the actual dates during which they served as members of the Special Task Force. This is evident from the papers of the writ petitions which have been directed to be put up along with these review petitions. Therefore, it emerges from the said fact also that these assertions made by the petitioners in para No. 1 of the writ petitions that they were part of 754 members of the Special Task Force on 18-10-2004 is false and misleading. If the petitioners were not part of the 754 members as on 18-10-2004, they are not entitled for the benefit under the Government order. It is now clear from the materials adverted to above, and the deliberate omission on the part of the respondents in not filing the statement of objections denying the assertion made by the review petitioners coupled with the absence of the learned counsel who represents the respondent - Officials that they have obtained the order under review by misleading this Court and making false representation in para No. 1 of the writ petitions. Therefore, the inescapable conclusion is that these review petitions deserve to be allowed. The order under challenge requires to be set aside. There is no other aspect that needs to be considered in these writ petitions. The entire order in the writ petitions was based on the assertions made by the writ petitioners that they were part of the 754 members of Special Task Force and were involved in the operation of capturing Veerappan on 18-10-2004 and therefore they were also entitled for the benefits on par with the other who formed part of the said 754 members. As I have held that this is a false representation made by the writ petitioners before this Court, they are not entitled for any relief. The sole basis on which these writ petitions were filed was founded on false representation, the writ petitions are liable to be dismissed on the said ground alone. Hence, I pass the following:

ORDER

These review petitions are allowed.

The impugned order dated 08-11-2011 passed in W.P. Nos. 38535-571/2011 is set aside. These writ petitions are restored to file.

As the writ petitions are filed misrepresenting the fact and as the writ petitioners were not part of the 754 members of the Special Task Force who were involved in the operation of capturing Veerappan on 18-10-2004, they are not entitled for the benefits accorded to such persons under the Government order dated 08-07-2005.

The prayer made by them seeking writ of mandamus to extend similar benefits and reward cannot be granted. Hence, writ petitions filed in W.P. Nos. 38535-571/2011 are dismissed.

Office is directed to place copy of the order dated 11-12-2013 in R.P. Nos. 364/2012 & 576-611/2012 in W.P. Nos. 38535-571/2011.