Gnaneshwara M Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Gnaneshwara M Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:41135-DB WP No. 26229 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26229 OF 2025 (GM-RES-PIL)

BETWEEN:

GNANESHWARA M

S/O SRI MANJUNATH AGED 47 YEARS RESIDING AT NO. 110, ARJUN AURA APARTMENT VIJAYA BANK COLONY

BENGALURU - 560 076, KARNATAKA.

…PETITIONER

(BY SRI GNANESHWARA M. - PETITIONER-IN-PERSON)

AND:

Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY

GOVERNMENT OF KARNATAKA ROOM NO. 320, 3^RD FLOOR VIDHANA SOUDHA BENGALURU - 560 001.

DEPARTMENT OF HOME REPRESENTED BY

THE ADDITIONAL CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO. 222, 2^ND FLOOR VIDHANASOUDHA

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NC: 2025:KHC:41135-DB WP No. 26229 of 2025

HC-KAR

BENGALURU - 560 001.

DEPARTMENT OF KANNADA AND CULTURE REPRESENTED BY THE SECRETARY GOVERNMENT OF KARNATAKA ROOM NO. 03, GROUND FLOOR VIKAS SOUDHA BENGALURU - 560 001.

KANNADA DEVELOPMENT AUTHORITY REPRESENTED BY

THE CHAIRMAN, GOVERNMENT OF KARNATAKA

ROOM NO. 263, 2^ND FLOOR VIDHANA SOUDHA BENGALURU - 560 001.

DEPARTMENT OF PARLIAMENTARY AFFAIRS REPRESENTED BY THE SECRETARY GOVERNMENT OF KARNATAKA ROOM NO. 137, 2^ND FLOOR VIDHANA SOUDHA BENGALURU - 560 001.

…RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 3 & 5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO REVIEW AND CORRECT THE KARNATAKA STATE EMBLEM TO ENSURE FULL COMPLIANCE WITH THE STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2025. UPON RECTIFICATION,ENSURE THAT THE SCRIPT स�यमेव जयते (SATYAMEVA JAYATE) IS PLACED IN ITS CORRECT STATUTORY POSITION AS PRESCRIBED IN APPENDIX I AND II WITHIN A PERIOD SIX MONTHS OR SUCH TIME AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER & ETC.

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NC: 2025:KHC:41135-DB WP No. 26229 of 2025

HC-KAR

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The petitioner has filed the present Public Interest Litigation,

inter alia praying that directions be issued to the respondents to review and correct the Karnataka State Emblem, for ensuring full compliance with the State Emblem of India (Prohibition of Improper Use) Act, 2005 [hereafter ' the Act ']. He submits that the use of the Karnataka State Emblem falls foul of Section 3 of the Act. The said section is set out below:

"3. Notwithstanding anything contained in any other law for the time being in force, no person shall use the emblem or any colourable imitation thereof in any manner which tends to create an impression that it relates to the Government or that it is an official document of the Central Government, or as the case may be, the State Government, without the previous permission of the Central Government or of such officer of that Government as may be authorised by it in this behalf.

Explanation.- For the purposes of this section, "person" includes a former functionary of the Central Government or the State Governments."

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NC: 2025:KHC:41135-DB WP No. 26229 of 2025

HC-KAR

We find no merit in the aforesaid contention. The

petitioner's case is that the words, " स�यमेव जयते" are below the

State Emblem and not directly below the Emblem of three Lions of Appendix-I of the said Act.

We are unable to accept that the same falls foul of Section 3 of the said Act. The petition is accordingly dismissed.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

KS List No.: 1 Sl No.: 16