Karnataka High Court
The Karnataka Rajya Raitha Sangha vs The Karnataka Government on 8 December, 2020
Bench: Chief Justice, S Vishwajith Shetty
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2020
PRESENT
THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION NO.14228/2020 (GM-POLICE-PIL)
BETWEEN
1. THE KARNATAKA RAJYA RAITHA SANGHA
(HASIRU SENE), SULLIA TALUK UNIT
D.K.DISTRICT, REP BY ITS MEMBER
SRI LOKAYYA GOWDA .A
S/O RAMAYYA GOWDA
AGED ABOUT 64 YEARS
OCC: AGRICULTURIST
R/AT ATHYADI HOUSE
AJJAVARA VILLAGE & POST
SULLIA TALUK-574 239
DAKSHINA KANNADA DISTRICT
2. SRI LOLAJAKSHA
S/O CHANDRASHEKARA GOWDA
AGED ABOUT 65 YEARS
PRESIDENT (HASIRU SENE)
R/AT ATHYADI HOUSE
AJJAVARA VILLAGE & POST
SULLIA TALUK-574 239
DAKSHINA KANNADA DISTRICT
...PETITIONERS
(BY SRI M SHIVAPRAKASH, ADVOCATE)
AND
1. THE KARNATAKA GOVERNMENT
REP BY THE CHIEF SECRETARY
2
VIDHANA SOUDHA
BANGALORE-560 001
2. THE SECRETARY
DEPARTMENT OF HOME
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE-560 001
3. THE DEPUTY GENERAL OF POLICE
& INSPECTOR GENERAL OF POLICE
NRUPATHUNGA ROAD
BANGALORE-560 001
4. THE SUPERINTENDENT OF POLICE
DAKSHINA KANNADA
MANGALORE-574 239
5. THE STATION HOUSE OFFICER
SULYA POLICE STATION, SULLIA
DAKSHINA KANNADA-574 239
...RESPONDENTS
(BY SRI VIJAYAKUMAR A. PATIL, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT IN THE NATURE OF MANDAMUS/APPROPRIATE
ORDER/DIRECTION AGAINST THE RESPONDENTS TO
FORMULATE NECESSARY RULES, REGULATIONS IN ORDER
TO DEPOSIT THE FIREARMS WITH THE AUTHORITIES IN
THE REGION OF SULLIA, PUTTUR AND BELTHANGADI, TO
RETAIN THE LICENCED FIRE ARMS WITH THE LICENCEE
DURING AGRICULTURE YIELD PERIOD AND HARVEST
SEASON TO PROTECT THE STANDING CROPS FROM WILD
ANIMALS SPECIFICALLY DESTRUCTION TRAMPLING IN THE
AGRICULTURAL FIELDS AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCING THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
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ORDER
Heard the learned counsel appearing for the petitioners.
2. The only substantive prayer made in this petition is prayer (2) which reads thus:
"2. Issue writ in the nature of mandamus/appropriate order/direction against the respondents to formulate necessary Rules, Regulations in order to deposit the Fire-arms with the authorities in the region of Sullia, Puttur & Belthangadi, to retain the licenced Fire Arms with the Licencee during agriculture yield period and harvest season to protect the standing crops from wild animals specifically destruction trampling in the agricultural fields."
3. It is an admitted position that the members of the petitioners are possessing firearms on the basis of the licence granted under Section 3 of the Arms Act, 1959 (for short 'the said Act'). If the relief as prayed for in the above prayer is to be granted, the same cannot be done without amendment to the said Act and the Arms Rules, 2016 (for short 'the said Rules'). There are existing provisions such as, Rule 48 of the said Rules which provide for deposit of arms and ammunitions in safe custody. 4
4. A writ Court, in exercise of the jurisdiction under Article 226 of the Constitution of India, cannot direct the Legislature to legislate in a particular manner. Moreover, the Arms Act is a Central legislation. The Central Government is not a party to the petition. Hence, no relief can be granted in this petition under Article 226 of the Constitution of India.
5. The writ petition is accordingly rejected.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv