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Sri Bhimappa Gundappa Gadad vs The State Of Karnataka
2024 Latest Caselaw 25511 Kant

Citation : 2024 Latest Caselaw 25511 Kant
Judgement Date : 25 October, 2024

Karnataka High Court

Sri Bhimappa Gundappa Gadad vs The State Of Karnataka on 25 October, 2024

                                              -1-
                                                       NC: 2024:KHC:43057-DB
                                                       WP No. 26739 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 25TH DAY OF OCTOBER, 2024

                                           PRESENT
                          THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                              AND
                             THE HON'BLE MR. JUSTICE K. V. ARAVIND
                          WRIT PETITION NO. 26739 OF 2023 (GM-RES-PIL)
                   BETWEEN:

                   1.   SRI BHIMAPPA GUNDAPPA GADAD
                        S/O. LATE GUNDAPPA GADAD
                        AGED 64 YEARS,
                        PLOT NO.2125, KEB (HESCOM)
                        MUDALAGI, TALUK MUDALIGE
                        BELAGUM DISTRICT - 591 312.
                                                               ...PETITIONER
                   (BY SRI S. UMAPATHI, ADVOCATE)

                   AND:

Digitally signed
by VALLI           1.   THE STATE OF KARNATAKA
MARIMUTHU
                        REPRESENTED BY CHIEF SECRETARY
Location: High
Court of                TO GOVERNMENT
Karnataka
                        GOVERNMENT OF KARNATAKA
                        VIDHANA SOUDHA,
                        BANGALORE - 560 001.

                   2.   THE STATE OF KARNATAKA
                        REPRESENTED BY
                        PRINCIPAL SECRETARY TO GOVERNMENT,
                        DEPARTMENT OF PERSONNEL AND
                        ADMINISTRATIVE REFORMS,
                        GOVERNMENT OF KARNATAKA,
                        VIDHANA SOUDHA, BANGALORE - 560 001.
                             -2-
                                       NC: 2024:KHC:43057-DB
                                       WP No. 26739 of 2023




3.   THE STATE OF KARNATAKA
     REPRESENTED BY
     PRINCIPAL SECRETARY TO GOVERNMENT,
     DEPARTMENT OF LAW AND
     PARLIAMENTARAY AFFAIRS
     GOVERNMENT OF KARNATAKA,
     VIDHANA SOUDHA,
     BANGALORE - 560 001.

4.   THE STATE OF KARNATAKA
     REPRESENTED BY PRINCIPAL SECRETARY
     TO GOVERNMENT
     DEPARTMENT OF KANNADA AND CULTURE
     GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA,
     BANGALORE - 560 001.

                                             ...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN
APPROPRIATE WRIT IN NATURE OF MANDAMUS, AN ORDER OR
DIRECTION DIRECTING THE RESPONDENTS TO PLACE THE
RECOMMENDATION OF THE COMMITTEE CONSTITUTED VIDE
ANNEXURE-G    BEFORE   THIS       HON'BLE   COURT   FOR   ITS
CONSIDERATION    AND   TO     PASS    APPROPRIATE   ORDERS
THEREON IN ACCORDANCE WITH LAW & ETC.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
                                      -3-
                                                 NC: 2024:KHC:43057-DB
                                                 WP No. 26739 of 2023




CORAM:       HON'BLE THE CHIEF JUSTICE MR. JUSTICE
             N. V. ANJARIA
             and
             HON'BLE MR. JUSTICE K. V. ARAVIND
                          ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Heard learned advocate Mr. S. Umapathi for the

petitioner and learned Additional Government Advocate

Smt. Niloufer Akbar for the respondents.

2. In the present petition styled as public interest petition,

the petitioner has advanced demand for separate flag for the

State of Karnataka for various reasons sought to be pleaded by

him.

3. In this context, the prayer was made to direct the

respondent-State and its authorities to place the

recommendation of the Committee which was stated to be

constituted for consideration of this Court.

4. It was further prayed to issue writ of mandamus

requiring the respondents to pass such speaking order on the

petitioner's representations dated 18.09.2023 and 16.10.2023.

NC: 2024:KHC:43057-DB

5. It has to be observed that the matter and grievance of

such nature would hardly fall within the domain of the Court's

jurisdiction, much less in the realm of public interest

jurisdiction to be exercised by the Court.

6. However, the petitioner is not precluded from pursuing

his representations which are stated to have been pending.

The Court does not express any opinion on the merits of the

representations.

7. The petition as public interest petition is thoroughly

misconceived and it is accordingly dismissed.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

DDU

 
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