Dismissed¶37

Sri. v. Keshavamurthy v the Chief Secretary

Karnataka HC29 Jan 2025WP/35617/2024

Case brief

AI extract

What is this about?

High Court of Karnataka; writ petition (GM-RES PIL) WP No. 35617 of 2024; dismissed 29.01.2025; Chief Justice N. V. Anjaria (author) with Justice M.I. Arun; Articles 226 and 227 of Constitution of India; Rule 14(1) HC Karnataka PIL Rules 2018; mandamus; bulls race / bullock cart race permission; Dullapalli village, Mulbagal Taluk/Taluka, Kolar District; representation dated 18.10.2024 (Annexure-A) to Deputy Commissioner Kolar; event scheduled January 2025; adequate security and safety measures; no enforceable right; public interest jurisdiction not invoked; Article 226 invocation not justified; authorities to consider; no cases cited.

What did the court decide?

The Court was not inclined to invoke the public interest jurisdiction because the petitioner does not have any right, much less an enforceable right, to plead and press. ¶33

Sri. v. Keshavamurthy Vs the Chief Secretary — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶37

Issue for consideration

Whether a writ of mandamus should issue directing Respondent No.2, the Deputy Commissioner, Kolar District, to consider the representation dated 18.10.2024 and grant permission for the bulls race/bullock cart race at Dullapalli village, Mulbagal Taluk, Kolar District, scheduled January 2025, with applicable safeguards, and to provide adequate security and safety measures. +1 more

¶22

Court's answer

It is entirely for the authorities to consider the subject matter (permission for the bulls race/bullock cart race); the Court will not intervene.

¶36

Ratio / Principle

The Court was not inclined to invoke the public interest jurisdiction because the petitioner does not have any right, much less an enforceable right, to plead and press.

¶33

Key takeaways

Invoking the powers of the Court under Article 226 of the Constitution is not justified in this matter.ratio¶36

Detailed headnote1 paragraphs

Oral judgment of the High Court of Karnataka (per Chief Justice N. V. Anjaria, with Justice M.I. Arun on the Bench) dated 29 January 2025 in W.P. No. 35617 of 2024 (GM-RES PIL), filed under Articles 226 and 227 of the Constitution read with Rule 14(1) of the High Court of Karnataka (Practice and Procedure for Public Interest Litigation) Rules, 2018. The petitioner sought a writ of mandamus directing the Deputy Commissioner, Kolar District (Respondent No.2) to consider his representation dated 18.10.2024 (Annexure-A) and grant permission for a bulls race/bullock cart race at Dullapalli village, Mulbagal Taluk, Kolar District, claimed to be scheduled for January 2025, in accordance with applicable laws and safeguards, along with adequate security and safety measures. The Court held that it was not inclined to invoke the public interest jurisdiction: the petitioner had no right, much less an enforceable right, to plead and press; invocation of Article 226 was not justified; and consideration of the subject matter lay entirely with the authorities, with whom the Court would not interfere. Petition dismissed.

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NC: 2025:KHC:3965-DB WP No. 35617 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JANUARY, 2025

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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 M.I.ARUN WRIT PETITION NO. 35617 OF 2024 (GM-RES PIL)

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BETWEEN:

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SRI. V. KESHAVAMURTHY S/O. SRI. C. VENKATESHAPPA AGED ABOUT 43 YEARS RESIDENT OF #24 NEAR YALLAMMA TEMPLE DULLAPALLI VILLAGE MULBAGAL TALUK KOLAR DISTRICT.

¶10

…PETITIONER

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(BY SRI. LEELARAJU M.N., ADVOCATE)

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Digitally signed by H K HEMA Location: High Court of Karnataka

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AND:

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA O/T ROOM NO.320, 3^RD FLOOR VIDHANA SOUDHA BANGALORE-560 001.

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THE DEPUTY COMMISSIONER KOLAR DISTRICT O/AT OFFICE OF DEPUTY COMMISSIONER

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¶17

NC: 2025:KHC:3965-DB WP No. 35617 of 2024

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MULBAGAL ROAD, NH-75 KOLAR-563 101.

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THE SUPERINTENDENT OF POLICE KOLAR DISTRICT, SP OFFICE OPP. DEVRAJ URS MEDICAL COLLEGE TAMAKA, KOLAR-563 101.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PRACTICE AND PROCEDURE FOR PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING RESPONDENT NO.2, THE DEPUTY COMMISSIONER OF KOLAR DISTRICT, TO CONSIDER AND GRANT PERMISSION BASED ON THE REPRESENTATION DATED 18.10.2024, PRODUCED IN ANNEXURE-A, FOR CONDUCTING THE BULLS RACE/BULLOCK CART RACE IN DULLAPALLI VILLAGE, MULBAGAL TALUK, KOLAR DISTRICT, SCHEDULED FOR JANUARY 2025, IN ACCORDANCE WITH APPLICABLE LAWS AND NECESSARY SAFEGUARDS AND ETC.

¶23

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

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3 - NC: 2025:KHC:3965-DB WP No. 35617 of 2024

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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 prayer in this petition styled as public interest petition is to issue a writ or direction requiring respondent No.2-the Deputy Commissioner, Kolar District to consider and grant permission based on the representation dated 18.10.2024 of the petitioner for conducting bulls race/bullock cart race in Dullapalli village, Mulbagal Taluka , Kolar District, which is claimed to be scheduled on January, 2025.

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It is also prayed to provide adequate security and

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safety measures for the event proposed.

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Various grounds are urged seeking such directions to

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grant permission to hold the bulls race event.

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The Court is not inclined to invoke the public interest jurisdiction. The petitioner does not have any right much less

¶34

¶35

NC: 2025:KHC:3965-DB WP No. 35617 of 2024

¶36

enforceable right to plead and press. Invoking powers of the Court under Article 226 of the Constitution is not justified. It is entirely for the authorities to consider the subject matter. The Court will not intervene.

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5. Accordingly, the petition is dismissed.

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SD/(N. V. ANJARIA) CHIEF JUSTICE

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SD/(M.I.ARUN) JUDGE

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PGG

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List No.: 1 Sl No.: 4

Sri. v. Keshavamurthy v the Chief Secretary

Case brief

What is this about?

What did the court decide?

Sri. v. Keshavamurthy v the Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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