Such Grievance Hardly Falls Within Realm Of Public Interest Jurisdiction: Karnataka HC Dismisses PIL Demanding Separate Flag For State Of Karnataka
The Karnataka High Court dismissed a PIL demanding a separate flag for the State of Karnataka observing that the matter and grievance of such nature hardly fall within the realm of public interest jurisdiction.
The writ petition was filed under Articles 226 and 227 of the Constitution praying to issue an appropriate writ in nature of mandamus, an order or direction directing the respondents to place the recommendation of the committee constituted before the Court for its consideration and to pass appropriate orders in accordance with law.
A Division Bench of Chief Justice N.V. Anjaria and Justice K.V. Aravind observed, “It has to be observed that the matter and grievance of such nature would hardly fall within the domain of the Court’s jurisdiction, much less in the realm of public interest jurisdiction to be exercised by the Court.”
Advocate S. Umapathi appeared for the petitioner, while AGA Niloufer Akbar represented the respondents.
The petition styled as a public interest petition, demanded for separate flag for the State of Karnataka.
In this context, the prayer was made to direct the respondent-State and its authorities to place the recommendation of the Committee which was stated to be constituted for consideration of this Court.
It was further prayed to issue writ of mandamus requiring the respondents to pass such speaking order on the petitioner’s representations.
The High Court held that such a matter would neither fall within the domain of the Court’s jurisdiction nor in the realm of public interest jurisdiction to be exercised by the Court.
However, the Court clarified that “the petitioner is not precluded from pursuing his representations which are stated to have been pending. The Court does not express any opinion on the merits of the representations.”
Consequently, the Court held, “The petition as public interest petition is thoroughly misconceived and it is accordingly dismissed.”
Accordingly, the High Court dismissed the petition.
Cause Title: Bhimappa Gundappa Gadad v. The State Of Karnataka & Ors. (Neutral Citation: 2024:KHC:43057-DB)
