Dismissed

V.S.S Abhiman Dr. Vishnuvardhan Punyabumi Trust (Regd) v. the State of Karnataka

Karnataka HC4 Jun 2024WP/29408/2023

Case brief

AI extract

What is this about?

PIL sought directions to consider representations for granting 10 guntas of land for construction of a memorial (Smaraka Bhavana) for a Kannada film star. The court held that such a request contains no element of public interest and is alien to the public interest arena, noting the State had already shifted the monument to Mysuru under a prior policy decision.

What the court decided

AI extract

V.S.S Abhiman Dr. Vishnuvardhan Punyabumi Trust… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:19213-DB WP No. 29408 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO. 29408 OF 2023 (GM-RES)

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BETWEEN:

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V.S.S. ABHIMAN DR. VISHNUVARDHAN PUNYABUMI TRUST (REGD) REPRESENTED BY ITS FOUNDER PRESIDENT T. THIMMARAJU (ITI) @ RAJU GOWDA.

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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V.S.S. VISHNU SENA SANGHATANE (REGD) REP. BY ITS STATE PRESIDENT SRI T. TIMMARAJU (ITI) @ RAJU GOWDA S/O. SRI THIMMAIAH B. G. AGED ABOUT 53 YEARS R/AT NO. 54/1-25 2nd CROSS, UDAYA NAGARA (BEHIND KOMARLA APARTMENT) DR. VISHNUVARDHAN ROAD CHIKKALLASANDRA BENGALURU - 560 061

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SRI C.C.SRIDHAR S/O. SRI CHIDAMBARAIAH AGED ABOUT 63 YEARS R/AT NO. 307 ASHRITHA ELEGANCE RAGHAVANAPALYA J P NAGAR 9th PHASE BENGALURU - 560 083

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SRI MAHDHUSUDHAN R S/O. SRI RAMACHANDRA RAO

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2 - NC: 2024:KHC:19213-DB WP No. 29408 of 2023

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AGED ABOUT 30 YEARS R/AT NO. 222, 1st MAIN 7th CROSS, VEERABHADRA NAGAR HOSAKEREHALLI BSK 3rd STAGE BENGALURU - 560 085

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SRI. CHANDRAHAS K P S/O SRI. PUTTANNA CHAAR R/AT NO. 515, 4th CROSS 6th MAIN MSH NAGAR MATTIKERE BENGALURU - 560 054

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RASHMI SARANG C/O SRI LATE CHANNAKESHAVA BHAT AGED ABOUT 38 YEARS R/AT NO 33, 9TH MAIN 3RD CROSS BAHGE GOWDA LAYOUT RAGHUVANAHALLI BENGALURU - 560 062

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SRI K NARAYANA S/O KRISHNAPPA AGED ABOUT 47 YEARS R/AT NO 43, SPURTHI NAGAR AREHALLI, SUBRMANAYAPURA POST UTTARAHALLI BENGALURU – 560 061

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…PETITIONERS

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(BY SRI ARUN K S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA, BENGALURU - 560 001.

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3 - NC: 2024:KHC:19213-DB WP No. 29408 of 2023

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THE STATE OF KARNATAKA REPRESENTED BY ITS JOINT SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001

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THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001.

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY KANNADA, CULTURE AND INFORMATION, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE MEMBER SECRETARY DR. VISHNUVARDHAN PRATISTHANA TRUST KANTHEERAVA STUDIO BENGALURU.

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THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT OFFICE OF THE DEPUTY COMMISSIONER K G ROAD BENGALURU.

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THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION KANDAYA BHAVANA BENGALURU.

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THE TAHASILDAR BENGALURU SOUTH TALUK KANDAYA BHAVANA BENGALURU.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1 & 5, 7 TO 9)

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4 - NC: 2024:KHC:19213-DB WP No. 29408 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS-STATE TO CONSIDER THE REPRESENTATIONS DATED 3.10.2023 VIDE ANNEXURE-AA10, DATED 30.10.2023 VIDE ANNEXURE-AA13 DATED 03.11.2023, VIDE ANNEXURE-AA14, DATED 03.11.2023, VIDE ANNEXURE-AA15, DATED 03.11.2023 VIDE ANNEXURE-AA16, DATED 03.11.2023 VIDE ANNEXURE-AA17, DATED 04.11.2023 VIDE ANNEXURE-AA18, DATED 07.11.2023 VIDE ANNEXURE-AA19 AND ETC

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THIS PETITION, COMING ON FOR PRELIMNARY HEARING, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard learned advocate Mr.K.S.Arun for the petitioners.

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2. The petitioners, seven in numbers, who claimed that they

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are vigilant citizens of Bengaluru, have brought the present petition before the court styling it as public interest petition.

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The prayers made are inter alia to direct the respondentState and its authorities to consider the representations annexed with the petition. It is next prayed to direct the State and its authorities to pass necessary orders for grant of 10 guntas of land in Survey No.26 New Survey No.68 of

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5 - NC: 2024:KHC:19213-DB WP No. 29408 of 2023

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Mylasandra Village, Kengeri Hobli, Bengaluru South Taluk, for construction of Dr.Vishnuvardhan Smaraka Bhavana.

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The case of the petitioners stated in nutshell is that the said Dr.Vishnuvardhan was an iconic film star of Kannada film industry and he has left behind him crores of fans. Praising his acting skills, the petitioners further state that land is required for construction of a memorial in the name of the said film star. It is in this regard that the directions are prayed for setting out the facts about grant of land. Certain internal correspondences are also mentioned in the petition.

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Request for construction of the memorial of a film star cannot become a subject matter of public interest litigation. It is difficult to visualise as to what public interest could be achieved by the petitioner insisting for grant of land for the said purpose. The subject matter brought before the Court could be said to be alien to the public interest arena as perceived and understood in Law.

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5.1 It could be further seen from the record of the present petition that earlier, Writ Petition No.45042 of 2015 was filed

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6 - NC: 2024:KHC:19213-DB WP No. 29408 of 2023

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by other petitioners in relation to erection of a monument of the same film star. In that proceedings, the stand of the authorities was evinced by filing a memo stating that the State Government had passed a Government Order dated 10.01.2020 to shift the site of the monument from Bengaluru to Mysuru. It was stated that the construction of monument was complete and that, in pursuance of the policy decision to shift the monument from Bengaluru to Mysuru, a sum of Rs.8,00,00,000/- was already expended.

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5.2 Given this background of facts, it is incomprehensible as to how the present petition could have been filed seeking the directions.

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It is entirely the domain of the authorities to consider such measures. The Courts exercising the public interest jurisdiction, would be disinclined to have any say in the matter.

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6.1 The present petition, projected as public interest petition, is entirely misconceived, containing no element of public interest.

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NC: 2024:KHC:19213-DB WP No. 29408 of 2023

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The petition could have been dismissed with heavy costs

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however, taking a lenient view, without imposing any costs, the petition is summarily dismissed.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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DDU List No.: 1 Sl No.: 6

V.S.S Abhiman Dr. Vishnuvardhan Punyabumi Trust (Regd) v. the State of Karnataka

Case brief

What is this about?

What the court decided

V.S.S Abhiman Dr. Vishnuvardhan Punyabumi Trust (Regd) v. the State of Karnataka

Case brief

What is this about?

What the court decided

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