1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14 TH DAY OF JANUARY 2015 PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NO.719 OF 2015 (GM-RES-PIL) C/W WP NO.54481 OF 2014 (GM-RES-PIL) WP NOS. 56327-330 OF 2014 (GM-RES-PIL) IN WP. NO. 719 OF 2015 BETWEEN : SHARAN DESAI, MS USA SPECIALIZED IN ARCHITECUTRE, URBAN DESIGN AND CITY PLANNING S/O LATE SHRI HANAMANT RAO DESAI, AGE 53 YEARS, EX MLA AFZALPUR GULBARGA, M-BLOCK, APT NO 106, FIRST FLOOR, RENAISSANCE EXOTICA, JAKKUR PLANTATION, YELAHANKA HOBLI, BANGALORE NORTH, BANGALORE 560 064.... PETITIONER (By Sri. SHARAN DESAI, PARTY-IN-PERSON-ABSENT)
2 AND THE CHIEF SECRETARY TO GOVERNMENT STATE OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001.... RESPONDENT (By Sri.R.DEVDAS, PRL. GA A/W SMT. SHWETHA KRISHNAPPA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF APPROVAL BEARING NO.11/30/2006-M&G, GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS CS DIVISION (M&G SECTION), DTD 17.10.2014 VIDE ANNX-L ON THE FILE OF GOVERNMENT OF INDIA TO THE EXTENT IT PERTAINS TO THE CITY OF GULBARGA. QUASH THE NOTIFICATION DTD 31.10.2014 VIDE ANNX-E ON THE FILE OF THE ABOVE RESPONDENT TO THE EXTENT IT PERTAINS TO THE CITY OF GULBARGA. AND ETC., IN WP NO 54481 OF 2014 BETWEEN 1. SRI SYED MAZHAR HUSSAIN AGE: 37 YEARS, OCCUPATION:ADVOCATE S/O ARIF SYED ISMAIL, R/AT NO.5-993/204/18 NOORANI MOHALLA, NEAR HAGARGA CROSS, GULBARGA-585 104. PRESIDENT, GULBARGA MUSLIM WELFARE ASSOCIATION (R) 2. SRI. SUBASH CHANDRA AGE: 53 YEARS, OCCUPATION: SOCIAL ACTIVIST, SON OF PUNDALIK MALIPATIL, RESIDING AT GHABRE LAYOUT, OLD JEWERGI ROAD, GULBARGA-585 104.
3 3. SRI. SHASHIKANTHA AGE: 51 YEARS, OCCUPATION: BUSINES S/O RAMKISHEN DIXIT, R/AT NO.8-509, FORT ROAD, GULBARGA-585 104. STATE VICE-PRESIDENT, HINDU JANAGRUTI SEVADAL, 4. SRI MANJUNATH AGE: 30 YEARS, OCUPATION: BUSINESS, SON OF SHARNAPA NALWARKAR, RESIDING AT NO.3-911 AMBEDKAR NAGAR, GAZIPURA, GULBARGA-585 104. DISTRICT PRESIDENT, KARNATAKA RAKSHANA VEDIKE, 5. SRI. HANUMANTH AGE: 45 YEARS, OCUPATION: ADVOCATE, SON OF GANGAPPA YELGANGI, RESIDING AT PLOT NO.50, NAVJEEVAN NAGAR, NEAR P & T QUARTERS, GULBARGA-585 104 STATE VICE-PRESIDENT, HINDU JANAGRUTI SEVADAL, STATE GENERAL SECRETARY-DALIT SENA,... PETITIONERS (By Sri. PADMANABHA V. MAHALE, SR. ADV., FOR SRI. MOHAMMED TIPPU SULTAN) AND 1. UNION OF INDIA MINISTRY OF HOME AFFAIRS, NEW DELHI. REP. BY ITS SECRETARY. 2. UNION OF INDIA MINISTRY OF SCIENCE & TECHNOLOGY NEW DELHI. REP. BY ITS SECRETARY.
4 3. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA-SOUDHA, BANGALORE-560001. 4. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, VIDHANA-SOUDHA, BANGALORE-560001. 5. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, REVENUE DEPARTMENT (LAQ 2 & R & R), VIDHANA-SOUDHA, BANGALORE-560001.... RESPONDENTS (By Sri. R. DEVDAS, PRL. G.A. A/W SMT. SHWETHA KRISHNAPPA, HCGP FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DT.31.10.14, AT ANNX-A, IN SO FAR AS CHANGING THE NAME OF GULBARGA TO 'KALABURAGI' ISSUED BY THE GOVERNMENT OF KARNATAKA UNDER THE SEAL & SIGNATURE OF THE R5 HEREIN ABOVE BY PUBLISHING IN THE OFFICIAL GAZETTE, PART-IV-A, NO.669 ON DT.31.10.14, EFFECTING THE CHANGE OF NAMES OF BANGALORE & OTHER 11 CITIES/TOWNS WITH EFFECT FROM 1.11.14, BY ALLOWING THIS WP & ETC.,
5 WP NOS. 56327 330 OF 2014 BETWEEN 1. SRI.M.S.JANVEKAR S/O SRI FA JANVEKAR, AGED ABOUT 72 YEARS, NO.48, VAJRA HANUMAN NAGAR, ST.JOSEPH SCHOOL ROAD, NEAR IBRAHIMPUR RAILWAY STATION, BIJAPUR-586109. 2. SRI KAMESH S/O SRI SIDDAPPA UKKALLI, AGED ABOUT 40 YEARS, RESIDING AT MATHAPATTI GALLI, BIJAPUR CITY AND DISTRICT 586 109. 3. SRI M.S PATIL S/O SRI S.M PATIL, AGED ABOUT 32 YEARS, RESIDING AT SHIVAPUR, K D, POST GOLASAR, TALUK: INDI, DISTRICT BIJAPUR 586 109. 4. SRI JEETENDRA, S/O SRI ASHOK KAMBLE, AGED ABOUT 37 YEARS, RESIDING AT S.R COLONY, BIJAPUR CITY AND DISTRICT 586 109. (By Sri.PADMANABHA V. MAHALE, SR. ADV., FOR SRI. MOHAMMED TIPPU SULTAN)... PETITIONERS AND 1. UNION OF INDIA UNION OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 01 REP. BY ITS SECRETARY. 2. UNION OF INDIA, MINISTRY OF SCIENCE AND TECHNOLOGY, NEW DELHI 01 REP. BY ITS SECRETARY.
6 3. ARCHEOLOGICAL SURVEY OF INDIA, MINISTRY OF CULTURE, GOVERNMENT OF INDIA, NEW DELHI 01. REP BY ITS SECRETARY. 4. STATE OF KARNATAKA, REP BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 5. STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. 6. STATE OF KARNATAKA, REP BY ITS UNDER SECRETARY, REVENUE DEPARTMENT (LAQ-2 AND R & R), VIDHANA SOUDHA, BANGALORE-560 001. 7. THE DEPUTY COMMISSIONER, BIJAPUR DISTRICT, BIJAPUR CITY 586 100.... RESPONDENTS (By Sri. R. DEVDAS, PRL. G.A. A/W SMT. SHWETHA KRISHNAPPA, HCGP FOR R4 TO R7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DT.31.10.14, AT ANNX-A IN SO FAR AS CHANGING THE NAME OF 'BIJAPUR' TO 'VIJAYAPURA' ISSUED BY THE GOVT. OF KARNATAKA UNDER THE SEAL & SIGNATURE OF THE R6, BY PUBLISHING IN THE OFFICIAL GAZETTE, PART-IV-A, NO.669 ON DT.31.10.14, EFFECTING THE CHANGE OF NAMES OF BANGALORE & OTHER 11 CITIES/TOWNS WITH EFFECT FROM 1.11.14, BY ALLOWING THIS WP & ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
7 ORDER D.H.WAGHELA, CJ (Oral) 1. These petitions are directed against the notification dated 31.10.2014 whereby the name of erstwhile city of Bangalore and other 11 cities/towns have been changed in their spelling and pronunciation. In spite of specific queries in that regard and opportunities being given to the petitioners, no illegality in issuing the impugned notification could be pointed out. 2. According to the notification itself, as per the no objection received from the Ministry of Home Affairs, Government of India and the spellings being approved by the Ministry of Science and Technology, Government of India as conveyed by Survey of India, the names of cities and towns in question have come to be changed. 3. Learned Prl. Government Advocate appearing for the State Government referred to the provisions of Section 13 of the States Reorganization Act, 1956, which reads as under:
8 13. Saving powers of State Governments- Nothing in the foregoing provisions of this Part shall be deemed to affect the power of a State Government to alter after the appointed day the name, extent and boundaries of any district or division in the State. 4. Learned PGA further submits that the decision to change the names of towns and cities in terms of the impugned notification was taken after due deliberation at the appropriate level and petitioners have neither any locus standi nor any justification for calling in question the renaming of cities by the State Government. In the above facts, petitions are found to be devoid of any substance or merit and hence summarily dismissed. Sd/- CHIEF JUSTICE Sd/- JUDGE kcm