Karnataka High Court dismisses PIL praying to quash communication between Additional Chief Secretary to Commissioner Excise,Bengaluru

The Karnataka High Court dismissed a Public Interest Litigation (PIL) filed by the petitioner praying to quash the communication dated 13.01.2023 forwarded by the Additional Chief Secretary to Government, Finance Department (Excise) to the Commissioner of Excise, Bengaluru.  

The Division Bench of Chief Justice Prasanna B. Varale and Justice M.G.S. Kamal on perusal of the said communication noted that a proposal is sought from the Commissioner of Excise on certain issue.

“Admittedly, there is nothing on record to show that the Commissioner of Excise submitted his response to the Government or in turn, the Government has passed any order.”

Thus, the petitioner has filed the petition on assumption that on receipt of the said communication, the Commissioner of Excise would submit a favourable proposal to the Government.

Firstly, the petitions on such assumptions and presumptions of the parties will not be entertained and secondly, the subject matter is a policy decision of the Government.

In the present petition, the communication dated 13.01.2023 is only a communication from one Government Officer to another Government Officer, the Bench further noted.

“We can only say that the parties are expected to have some constrain before rushing to the Court   by filing a public interest litigation. As such, the writ petition is meritless and the same deserves to be dismissed’, said the Court.

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