IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.54309/2016 (GM-RES) BETWEEN:
Sri.Jnana Mandara Educational Trust, At present having registered office at No.39, Ganigarahalli, Chikkabanavara Post, Bengaluru-560 090.
Represented by its Founder Secretary, Sri.H.J.Somashekaraiah, S/o. Jayanna, Aged about 55 years. ... Petitioner (By Sri.Subash Reddy.V., Adv., - Absent) AND:
1. The Chief Secretary, Government of Karnataka, Vidhana Soudha, Bengaluru-560 001.
2. The Secretary, Kannada & Culture Department, Vikasa Soudha, Bengaluru-560 001.
3. The Commissioner, Kannada & Culture Department, Kannada Bhavan, J.C.Road, Bengaluru-560 002. ... Respondents (By Sri. Y.D.Harsh, AGA for R1-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to consider the applications dated 22.07.2013 & 16.07.2015, filed by the petitioner at Annex-A & A1 with a direction to release the funds claimed by the petitioner.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
O R D E R None for the petitioner.
Mr.Y.D.Harsh, learned Additional Government Advocate for the respondents.
In this petition, the petitioner, inter alia, has prayed for the following reliefs:
“(i). Issue writ of mandamus directing the respondents to consider the applications dated 22.7.2013 and 16.7.2015, filed by the petitioner at Annexure-A & A1, with a direction to release the funds claimed by the petitioner and (ii) Set aside the order dated 11.11.2013 passed by the 3rd Respondent in KASANI/36/DS/2013-14 (Annexure-E) and (iii) to pass appropriate orders or relief’s as this Hon’ble Court deems it in the facts and circumstances of the case in the interest of justice and equity.”
2. When the matter was taken up today, learned Additional Government Advocate submitted that the State Government has not framed any policy under which any Organization is provided funds to organize programmes outside the State.
3. From perusal of the petition, it appears that there is neither any legal right in favour of the petitioner to seek release of funds for conducting cultural programmes outside the State nor any policy has been framed by the State Government to disburse such funds in favour of any Organization.
4. For the aforementioned reasons, no relief can be granted to the petitioner.
In the result, the writ petition fails and is, hereby dismissed.
Sd/- JUDGE ln.