PRESENT THE HON'BLE MR. N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE
Case Details
- 1 - NC: 2025:KHC:9651-DB WP No. 614 of 2024 C/W WP No. 758 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 614 OF 2024 (GM-RES-PIL) C/W WRIT PETITION NO. 758 OF 2024 (GM-RES-PIL) Digitally signed by AMBIKA H B Location: High Court of Karnataka IN WP No. 614/2024 BETWEEN: 1. S.R. VISHWANATH
Legal Reasoning
S/O. SRI K. V. RAMAIAH AGED ABOUT 62 YEARS MEMBER OF KARNATAKA LEGISLATIVE ASSEMBLY R/AT 14/1, SINGANAYAKANAHALLI VILLAGE, YELAHANKA TALUK BANGALORE - 560 064 2. VIJAYA KUMAR K S/O. H. KEMPAIAH AGED ABOUT 63 YEARS R/AT 4, MADDAPPANAHALLI RAJANAKUNTE BANGALORE - 560 064 3. NATARAJ L. N. S/O. L. B. NARAYANASWAMY AGED ABOUT 54 YEARS LINGANAHALLI HESARUGHATTA HOBLI KAKOLU, BANGALORE - 560 089 4. H. K. CHENNAKESAVAIAH S/O. A. KEMPAIAH - 2 - NC: 2025:KHC:9651-DB WP No. 614 of 2024 C/W WP No. 758 of 2024 …PETITIONERS AGED ABOUT 64 YEARS HANIYUR, HESSARAGHATTA HOBLI DODDATHUMAKURU POST BANGALORE - 561 203 5. MANJUNATH G. V. S/O. VENKATARAMANA AGED ABOUT 43 YEARS GANTIGANAHALLI SINGANAYAKANAHALLI YELAHANKA TALUK BANGALORE - 560 064 (BY SRI ARUN G, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES NO.405, 4TH FLOOR, VIKASA SOUTH BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY 2. THE COMMISSIONER DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCES VISHWESHWARAIAH MINI TOWER DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 3. THE DEPUTY DIRECTOR DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCES PASHUPALANA BHAVANA, HEBBAL BENGALURU - 560 004 (BY SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, ORDER OR A DIRECTION AND QUASH THE ORDER DATED 15.12.2023 PASSED BY THE 1ST RESPONDENT TO - 3 - NC: 2025:KHC:9651-DB WP No. 614 of 2024 C/W WP No. 758 of 2024 GANTIGANAHALLI, THE EXTENT OF i.e., RE-LOCATION OF 4 VETERINARY CENTERS i.e., HANIYUR, MADAPPANAHALLI AS INDICATED AT Sl. No.16, 18, 19 AND 21 OF THE ANNEXURE TO THE ORDER DATED 15.12.2023/ANNEXURE-A AND ETC. LINGANAHALLI, IN WP NO. 758/2024 BETWEEN: 1. ANIMAL RIGHTS FUND (ARF) REPRESENTED BY ITS MANAGING TRUSTEE DILIP BAFNA AGED ABOUT 56 YEARS S/O. SRI MOHANLAL BAFNA COMFORT MANOR 1ST MANOR NO.10/4, KUMARA KRUPA ROAD BANGALORE - 560 001 2. SAVI OUR ANIMALS CHARITABLE TRUST(SOACT) REPRESENTED BY ITS MANAGING TRUSTEE SMT. SUJAYA JAGADISH AGED ABOUT 60 YEARS W/O. DR. MITTUR JAGADISH NO.48, SOBHA EMERALD JAKKUR BENGALURU - 560 064 3. SRI SATYANARAYANACHARI S/O. NAGALINGA CHARI AGED ABOUT 34 YEARS NO.57, MAHALINGESHWARA LAYOUT AUDUGODI BENGALURU - 560 030 4. SRI LOKESH B. S/O. LATE BASAVE GOWDA AGED ABOUT 44 YEARS NO.39, HARINAGARA T. C. H. COLLEGE ROAD ANJANAPURA BENGALURU - 560 062 - 4 - NC: 2025:KHC:9651-DB WP No. 614 of 2024 C/W WP No. 758 of 2024 5. SRI MAYANNA S/O. CHIKKAVAJARAPPA AGED ABOUT 46 YEARS NO.115, SRI RAMA ROAD SRIRAMAMANDIRA TALAGHATTAPURA BENGALURU - 560 062 6. SRI CHETAN S/O. V. NARAYANASWAMY AGED ABOUT 35 YEARS R/AT HANDENAHALLI ANEKAL TALUK BENGALURU URBAN DISTRICT - 562 125 7. SRI VIJAYAKUMAR S/O. ANJANAPPA AGED ABOUT 44 YEARS R/AT BIDARAGUPPE ANEKAL TALUK BENGALURU URBAN DISTRICT - 562 107 8. SRI GURUDATH S/O. A. SHAMANNA AGED ABOUT 59 YEARS BIDARAGUPPE ANEKAL TALUK BENGALURU URBAN DISTRICT - 562 107 9. SMT. RAJESHWARI B. D/O. BABU V. AGED ABOUT 30 YEARS 8TH B MAIN, BANASHANKARI 2ND STAGE, BENGALURU - 560 070 10. SRI KAVERAPPA S/O. YALLAPPA AGED ABOUT 64 YEARS NO.1552, NEAR ANGALAPARAMESWARI TEMPLE, PILLAGANAHALLI BANNERAGHATTA ROAD BENGALURU - 560 083 (BY SRI. H.M. VIJAYA RAGHAVA SARATHY, ADVOCATE) ...PETITIONERS - 5 - NC: 2025:KHC:9651-DB WP No. 614 of 2024 C/W WP No. 758 of 2024 AND: 1. STATE OF KARNATAKA DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES ROOM NO.404, 4TH FLOOR VIKASA SOUDHA AMBEDKAR VEEDHI BANGALORE - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE COMMISSIONER DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCES FLOOR, VISHWESHWARAIAH MINI TOWER DR. B. R. AMBEDKAR VEEDHI BANGALORE - 560 001 3. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N. R. SQUARE BENGALURU - 560 002 4. DEPUTY DIRECTOR DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCES BANGALORE URBAN DISTRICT HEBBALA BENGALURU - 560 004 5. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF AGRICULTURE DEPARTMENT OF ANIMAL HUSBANDRY DAIRYING TIT FISHERIES NEW DELHI - 110 001 (SMT.NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1, 2 & 4 SRI S.H. PRASHANTH, ADVOCATE FOR RESPODENT No.3 SRI H. SHANTHI BHUSHAN, DSGI FOR RESPONDENT No.5) ...RESPONDENTS - 6 - NC: 2025:KHC:9651-DB WP No. 614 of 2024 C/W WP No. 758 of 2024 THIS WRIT PETITION IS FILED UNDER ATRTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE GOVERNMENT ORDER DATED 15/12/2023 (ANNEXURE-A) ISSUED BY THE 1ST RESPONDENT AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Arun G and Mr. H.M. Vijaya Raghava Sarathy for the respective petitioners in the two petitions, filed as public interest petitions and learned Additional Government Advocate Smt. Niloufer Akbar for the respondent-State in both the petitions. 2. The first petition is filed by the petitioners who are 5 in number. The petitioner is a Member of Karnataka Legislative Assembly from Yelahanka constituency from the year 2008 and the other petitioners have described themselves as agriculturists. Similarly the other Writ Petition No.758 of 2024 is by 10 petitioners - 7 - NC: 2025:KHC:9651-DB WP No. 614 of 2024 C/W WP No. 758 of 2024 wherein, the first petitioner is a charitable trust claiming to be an animal rights protector. 3. In both the petitions, identical prayers are made. The petitioners seek to set aside order dated 15.12.2023 passed by respondent No.1-Department of Animal Husbandry and Fisheries, State of Karnataka, whereby it is decided to relocate four veterinary centres at Gantiganahalli, Linganahalli, Haniyur and Madappanahalli. It is further prayed to direct the respondents to continue and operate the existing veterinary centres at the said places and not to shift them. 4. Learned advocate Mr. G. Arun for the petitioners in Writ Petition No.614 of 2024, submits that he has produced material on record to justify the prayer for non-shifting. 5. The court is afraid whether the court could substitute its view and dispute the decision of the authorities. 5.1 By very nature of the prayers, they are not liable to be considered in the writ jurisdiction much less, in the public interest jurisdiction. Shifting of the veterinary centres from one place to - 8 - NC: 2025:KHC:9651-DB WP No. 614 of 2024 C/W WP No. 758 of 2024 another is purely an administrative decision which is based on the exigencies found by the executive authorities. 5.2 The court would not substitute its decision nor would reassess the parameters on which the decision is based. Nothing could be demonstrated that the decision is illegal. Most of the relevant consideration would be weighing with the administrative authorities in arriving at such decision. 6. No merit is found in either of the public interest petitions on the prayers advanced. 7. Both the petitions are dismissed summarily. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 81