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