Disposed¶41

Sri. Girish Bhardwaj v. State of Karnataka

Karnataka HC6 Mar 2025WP/10586/2024

Case brief

AI extract

What is this about?

Karnataka High Court Division Bench (Chief Justice N. V. Anjaria with Justice M. I. Arun), WP No. 10586 of 2024 (GM-RES-PIL), decided 06.03.2025; PIL by advocate Girish Bhardwaj against transfer of 2 acres of Animal Husbandry Department land in Chamarajpet Constituency to Minorities Welfare Department by order dated 26.02.2024; transfer withdrawn by Government order dated 04.03.2025 rendering main prayer infructuous; holding that inter-departmental communications confer no cause of action and are not 'decisions'; certiorari under Articles 226 and 227; respondents included Minister/MLA B. Z. Zameer Ahmed Khan; petition disposed of, no relief granted.

What did the court decide?

None by the Court; the first prayer stood satisfied by the Government's withdrawal order dated 04.03.2025 and the second prayer was declined. ¶41

Sri. Girish Bhardwaj Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:9649-DB WP No. 10586 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2025 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 M.I.ARUN

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WRIT PETITION NO. 10586 OF 2024 (GM-RES-PIL)

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BETWEEN :

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SRI GIRISH BHARDWAJ S/O SRI DATTATREYA H. N. AGED ABOUT 32 YEARS OCC: ADVOCATE ADDRESS NO. 11, ASTITVA RAILWAY PARALLEL ROAD SHESHADRIPURAM BANGALORE - 560 020

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…PETITIONER

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(BY SRI DALWAI VENKATESH, ADVOCATE)

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Digitally signed by AMBIKA H B Location: High Court of Karnataka

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AND :

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STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560 001 REPRESENTED BY ITS CHIEF SECRETARY

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STATE OF KARNATAKA DEPT. OF ANIMAL HUSBANDRY AND FISHERIES REPRESENTED BY ITS THE UNDER SECRETARY VIKASA SOUDHA BANGALORE - 560 001

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NC: 2025:KHC:9649-DB WP No. 10586 of 2024

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B. Z. ZAMEER AHMED KHAN S/O. LATE ZIAULLA KHAN AGED ABOUT 55 YEARS OCC: MLA ADDRESS NO. 2, STATION ROAD SHIVAJI NAGAR BANGALORE - 560 051

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…RESPONDENTS

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(SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2 RESPONDENT No.3 IS SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 26.02.2024 PASSED BY RESPONDENT No.2 PRODUCED AT ANNEXURE-K AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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

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The petitioner who pleaded himself to be a social activist and

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an advocate, by filing the present petition in the nature of public interest petition, has firstly prayed to set aside the order dated

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NC: 2025:KHC:9649-DB WP No. 10586 of 2024

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26.02.2024 passed by the Department of Animal Husbandry and Fisheries, Bengaluru.

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By the said order, the land belonging to the Animal Husbandary Department in Chalavadhipalya Ward attached to Mysuru Road of Chamarajpet Legislative Constituency admeasuring 2 Acres was decided to be transferred to the Minorities Welfare Department. In the order it was stated inter alia that the Hon'ble Minister of Housing, Wakf and Minorities Welfare opined for such transfer of land for the purpose of minority welfare.

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In course of the hearing, learned Additional Government Advocate Smt. Niloufer Akbar files memo dated 06.03.2025 along with which produced was the proceedings of the Government of Karnataka containing order dated 04.03.2025, whereby it is decided to withdraw the aforesaid order dated 26.02.2024. The memo is taken on record along with copy of the withdrawal order dated 04.03.2025 produced in vernacular as well as in English translation.

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NC: 2025:KHC:9649-DB WP No. 10586 of 2024

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3.1 In the aforesaid view, the petition does not survive inasmuch

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the aforesaid prayer was the main plank of grievance of the petitioner which stands satisfied.

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In the other prayer, the petitioner wanted to direct respondent Nos.1 and 2-authorities to implement and establish the facilities mentioned in the communication dated 14.09.2020. In the said communication dated 14.09.2020 (figuring at page 162, AnnexureF), which is inter-governmental communication addressed by the Commissioner to the Secretary to the Government, Animal Husbandry and Fisheries Department, it is stated that since at present, there is no permanent office for the Deputy Director, Bengaluru District and the office is temporarily working from PDDL office, the land of veterinary hospital can be utilized for district office, liquid oxygen plant, district animal medicine godown and any such projects.

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An inter-departmental communication between the governmental authorities can provide any cause of action, much less the ground to grant relief to the petitioner. The contents of departmental communication cannot be said to be a decision. In this view, the second prayer cannot be granted.

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NC: 2025:KHC:9649-DB WP No. 10586 of 2024

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