Karnataka High Court
S.R. Vishwanath vs State Of Karnataka on 6 March, 2025
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WP No. 614 of 2024
C/W WP No. 758 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO. 614 OF 2024 (GM-RES-PIL)
C/W WRIT PETITION NO. 758 OF 2024 (GM-RES-PIL)
IN WP No. 614/2024
BETWEEN:
1. S.R. VISHWANATH
S/O. SRI K. V. RAMAIAH
AGED ABOUT 62 YEARS
MEMBER OF KARNATAKA
LEGISLATIVE ASSEMBLY
R/AT 14/1, SINGANAYAKANAHALLI VILLAGE,
YELAHANKA TALUK
BANGALORE - 560 064
Digitally
signed by 2. VIJAYA KUMAR K
AMBIKA H B
Location: S/O. H. KEMPAIAH
High Court AGED ABOUT 63 YEARS
of Karnataka R/AT 4, MADDAPPANAHALLI
RAJANAKUNTE
BANGALORE - 560 064
3. NATARAJ L. N.
S/O. L. B. NARAYANASWAMY
AGED ABOUT 54 YEARS
LINGANAHALLI
HESARUGHATTA HOBLI
KAKOLU, BANGALORE - 560 089
4. H. K. CHENNAKESAVAIAH
S/O. A. KEMPAIAH
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WP No. 614 of 2024
C/W WP No. 758 of 2024
AGED ABOUT 64 YEARS
HANIYUR, HESSARAGHATTA HOBLI
DODDATHUMAKURU POST
BANGALORE - 561 203
5. MANJUNATH G. V.
S/O. VENKATARAMANA
AGED ABOUT 43 YEARS
GANTIGANAHALLI
SINGANAYAKANAHALLI
YELAHANKA TALUK
BANGALORE - 560 064
...PETITIONERS
(BY SRI ARUN G, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF ANIMAL HUSBANDRY
AND FISHERIES
NO.405, 4TH FLOOR, VIKASA SOUTH
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY
2. THE COMMISSIONER
DEPARTMENT OF ANIMAL HUSBANDRY
AND VETERINARY SCIENCES
VISHWESHWARAIAH MINI TOWER
DR. B.R. AMBEDKAR VEEDHI
BENGALURU - 560 001
3. THE DEPUTY DIRECTOR
DEPARTMENT OF ANIMAL HUSBANDRY
AND VETERINARY SCIENCES
PASHUPALANA BHAVANA, HEBBAL
BENGALURU - 560 004
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT
ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF CERTIORARI, ORDER OR A DIRECTION AND QUASH THE
ORDER DATED 15.12.2023 PASSED BY THE 1ST RESPONDENT TO
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WP No. 614 of 2024
C/W WP No. 758 of 2024
THE EXTENT OF i.e., RE-LOCATION OF 4 VETERINARY CENTERS
i.e., GANTIGANAHALLI, LINGANAHALLI, HANIYUR,
MADAPPANAHALLI AS INDICATED AT Sl. No.16, 18, 19 AND 21 OF
THE ANNEXURE TO THE ORDER DATED 15.12.2023/ANNEXURE-A
AND ETC.
IN WP NO. 758/2024
BETWEEN:
1. ANIMAL RIGHTS FUND (ARF)
REPRESENTED BY ITS MANAGING TRUSTEE
DILIP BAFNA
AGED ABOUT 56 YEARS
S/O. SRI MOHANLAL BAFNA
COMFORT MANOR
1ST MANOR
NO.10/4, KUMARA KRUPA ROAD
BANGALORE - 560 001
2. SAVI OUR ANIMALS CHARITABLE
TRUST(SOACT)
REPRESENTED BY ITS
MANAGING TRUSTEE
SMT. SUJAYA JAGADISH
AGED ABOUT 60 YEARS
W/O. DR. MITTUR JAGADISH
NO.48, SOBHA EMERALD
JAKKUR
BENGALURU - 560 064
3. SRI SATYANARAYANACHARI
S/O. NAGALINGA CHARI
AGED ABOUT 34 YEARS
NO.57, MAHALINGESHWARA LAYOUT
AUDUGODI
BENGALURU - 560 030
4. SRI LOKESH B.
S/O. LATE BASAVE GOWDA
AGED ABOUT 44 YEARS
NO.39, HARINAGARA
T. C. H. COLLEGE ROAD
ANJANAPURA
BENGALURU - 560 062
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WP No. 614 of 2024
C/W WP No. 758 of 2024
5. SRI MAYANNA
S/O. CHIKKAVAJARAPPA
AGED ABOUT 46 YEARS
NO.115, SRI RAMA ROAD
SRIRAMAMANDIRA
TALAGHATTAPURA
BENGALURU - 560 062
6. SRI CHETAN
S/O. V. NARAYANASWAMY
AGED ABOUT 35 YEARS
R/AT HANDENAHALLI
ANEKAL TALUK
BENGALURU URBAN DISTRICT - 562 125
7. SRI VIJAYAKUMAR
S/O. ANJANAPPA
AGED ABOUT 44 YEARS
R/AT BIDARAGUPPE
ANEKAL TALUK
BENGALURU URBAN DISTRICT - 562 107
8. SRI GURUDATH
S/O. A. SHAMANNA
AGED ABOUT 59 YEARS
BIDARAGUPPE
ANEKAL TALUK
BENGALURU URBAN DISTRICT - 562 107
9. SMT. RAJESHWARI B.
D/O. BABU V.
AGED ABOUT 30 YEARS
8TH B MAIN, BANASHANKARI
2ND STAGE, BENGALURU - 560 070
10. SRI KAVERAPPA
S/O. YALLAPPA
AGED ABOUT 64 YEARS
NO.1552, NEAR ANGALAPARAMESWARI
TEMPLE, PILLAGANAHALLI
BANNERAGHATTA ROAD
BENGALURU - 560 083
...PETITIONERS
(BY SRI. H.M. VIJAYA RAGHAVA SARATHY, ADVOCATE)
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WP No. 614 of 2024
C/W WP No. 758 of 2024
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF ANIMAL HUSBANDRY
AND FISHERIES
ROOM NO.404, 4TH FLOOR
VIKASA SOUDHA
AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE COMMISSIONER
DEPARTMENT OF ANIMAL HUSBANDRY
AND VETERINARY SCIENCES
FLOOR, VISHWESHWARAIAH MINI TOWER
DR. B. R. AMBEDKAR VEEDHI
BANGALORE - 560 001
3. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE
N. R. SQUARE
BENGALURU - 560 002
4. DEPUTY DIRECTOR
DEPARTMENT OF ANIMAL HUSBANDRY
AND VETERINARY SCIENCES
BANGALORE URBAN DISTRICT
HEBBALA
BENGALURU - 560 004
5. UNION OF INDIA
REPRESENTED BY THE
SECRETARY TO GOVERNMENT OF INDIA
MINISTRY OF AGRICULTURE
DEPARTMENT OF ANIMAL HUSBANDRY
DAIRYING TIT
FISHERIES
NEW DELHI - 110 001
...RESPONDENTS
(SMT.NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1, 2 & 4
SRI S.H. PRASHANTH, ADVOCATE FOR RESPODENT No.3
SRI H. SHANTHI BHUSHAN, DSGI FOR RESPONDENT No.5)
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WP No. 614 of 2024
C/W WP No. 758 of 2024
THIS WRIT PETITION IS FILED UNDER ATRTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN
APPROPRIATE WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI QUASHING THE GOVERNMENT ORDER DATED
15/12/2023 (ANNEXURE-A) ISSUED BY THE 1ST RESPONDENT
AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Arun G and Mr. H.M. Vijaya
Raghava Sarathy for the respective petitioners in the two petitions,
filed as public interest petitions and learned Additional Government
Advocate Smt. Niloufer Akbar for the respondent-State in both the
petitions.
2. The first petition is filed by the petitioners who are 5 in
number. The petitioner is a Member of Karnataka Legislative
Assembly from Yelahanka constituency from the year 2008 and the
other petitioners have described themselves as agriculturists.
Similarly the other Writ Petition No.758 of 2024 is by 10 petitioners
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wherein, the first petitioner is a charitable trust claiming to be an
animal rights protector.
3. In both the petitions, identical prayers are made. The
petitioners seek to set aside order dated 15.12.2023 passed by
respondent No.1-Department of Animal Husbandry and Fisheries,
State of Karnataka, whereby it is decided to relocate four veterinary
centres at Gantiganahalli, Linganahalli, Haniyur and
Madappanahalli. It is further prayed to direct the respondents to
continue and operate the existing veterinary centres at the said
places and not to shift them.
4. Learned advocate Mr. G. Arun for the petitioners in Writ
Petition No.614 of 2024, submits that he has produced material on
record to justify the prayer for non-shifting.
5. The court is afraid whether the court could substitute its view
and dispute the decision of the authorities.
5.1 By very nature of the prayers, they are not liable to be
considered in the writ jurisdiction much less, in the public interest
jurisdiction. Shifting of the veterinary centres from one place to
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another is purely an administrative decision which is based on the
exigencies found by the executive authorities.
5.2 The court would not substitute its decision nor would
reassess the parameters on which the decision is based. Nothing
could be demonstrated that the decision is illegal. Most of the
relevant consideration would be weighing with the administrative
authorities in arriving at such decision.
6. No merit is found in either of the public interest petitions on
the prayers advanced.
7. Both the petitions are dismissed summarily.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
AHB
