IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.6211 OF 2019 (GM-RES-PIL) BETWEEN:
SANTHOSH DOOR NO.381 SIT EXTENSION, TUMAKURU-572103 ... PETITIONER (BY SRI SANTHOSH, PARTY-IN-PERSON) AND:
UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110 001 ... RESPONDENT THIS WRIT PETITION IS FILED BY PARTY-IN-PERSON UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO TAKE APPROPRIATE ACTION TO AWARD BHARAT RATNA AWARD TO DR. SHIVAKUMAR SWAMIJI.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE , MADE THE FOLLOWING:
ORDER In this writ petition, petitioner has prayed for a writ in the nature of mandamus, directing the respondent to take appropriate action in conferring Bharat Ratna Award to Dr. Shivakumar Swamiji.
2. In this regard, we are of the opinion that such a direction to confer Bharat Ratna cannot be given. It is for the Government of India to consider conferring such award. Whenever there is infringement of vested right and failure to exercise power for which the respondent is duty bound, only then this Court can exercise its writ jurisdiction. No such ground is made out by the petitioner.
3. In that view of the matter, writ of mandamus cannot be issued in the present writ petition as prayed for.
Writ petition is accordingly disposed of. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR