IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE BELLUNKE A.S. WRIT PETITION NO.14964 OF 2015 (GM-RES) PIL BETWEEN:
KARNATAKA VETERINARY ASSOCIATION NO.140, 8TH CROSS MALLESHWARAM BANGALORE – 560 003 REP. BY ITS MEMBER DR.N.K.RAI AGED ABOUT 72 YEARS R/O DEFENCE COLONY JALAHALLI WEST BANGALORE – 560 015 ... PETITIONER (BY SRI K.N.PHANEENDRA, SENIOR ADVOCATE FOR SMT.VAISHALI HEGDE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE – 560 001 2. THE PRINCIPAL SECRETARY DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SERVICES VIKASA SOUDHA DR.AMBEDKAR ROAD BANGALORE – 560 001 3. THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VIKASA SOUDHA DR.AMBEDKAR ROAD BANGALORE – 560 001 4. THE VICE CHANCELLOR KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCE UNIVERSITY (KVAFSU), BIDAR – 585 401 5. THE DEAN VETERINARY COLLEGE HEBBAL, BANGALORE – 560 024 6. THE VICE-CHANCELLOR UNIVERSITY OF AGRICULTURAL SCIENCE GANDHI KRUSHI VIGNANA KENDRA (GKVK), GKVK POST BANGALORE - 78 ... RESPONDENTS (SRI SANDESH J.CHOUTA, ADDITIONAL ADVOCATE GOVERNMENT ALONG WITH SHRI P.B.ACHAPPA, AGA FOR RESPONDENT NOS.1 TO 3 SRI BIPIN HEGDE, ADVOCATE FOR RESPONDENT NOS.4 & 5 SRI.D.N.NANJUNDA REDDY, SENIOR COUNSEL ALONG WITH SRI NIMISHA KUMAR, ADVOCATE FOR RESPONDENT NO.6) ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE GOVERNMENT ORDER DATED 26.11.2014 VIDE ANNEXURE-J AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER We have perused the affidavit of Shri M.Manjunath Naik, Secretary to the Government, Department of Animal Husbandry and Fisheries. It records that the Government Orders dated 26th November 2014 and 19th May 2017 have been withdrawn by the State Government with immediate effect with a view to give full effect to the provisions of sub-section (1) of Section 8 of the Karnataka Veterinary, Animal and Fisheries Sciences University Act, 2004 (for short ‘the said Act of 2004’). In view of this statement, the prayer clause (a) in the petition does not survive.
2. As regards the prayer clause (b), the sixth respondent has filed an affidavit of Dr.Mahabaleshwara Hegde S/o Venkataraman Hegde, who is the Registrar of the sixth respondent University. The affidavit contains an unequivocal assurance to handover possession of the lands in item No.11 of Schedule – I to the said Act of 2004 to the University of the fourth respondent. However, it is pointed out that on the lands in item No.11, the teaching and research activities are going on at present and therefore, a reasonable time will be required to shift the activities. Time of one year is prayed for by the sixth respondent to handover possession.
3. Considering the nature of the activities which are being conducted on the subject land which are set out in paragraphs 5 and 6 of the affidavit, time of one year deserves to be granted.
4. The learned counsel appearing for the fourth and fifth respondents makes a grievance regarding failure to handover the other lands in Schedule – I to the said Act of 2004. If that be so, the fourth and fifth respondents can always take up the matter with the sixth respondent.
5. Hence, we dispose of the petition by the following order:
(i) The prayer clause (a) does not survive as the impugned order has been withdrawn by the State Government;
(ii) We direct the sixth respondent to handover the lands mentioned in item No.11 of Schedule – I of the said Act of 2004 to the fourth respondent as expeditiously as possible and in any event within a period of one year from today.
The pending interlocutory application does not survive for consideration and stands disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB