Back
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.G.PANDIT, GEETHA K.B.
State Of Karnataka – Appellant
Versus
Punashchetana Seva Samste, (A Registered Society Under The Provisions Of Karnataka Societies Registration Act) – Respondent
| Table of Content |
|---|
| 1. overview of the writ petition and orders (Para 1 , 2 , 3) |
| 2. definition and provisions of the government order (Para 4) |
| 3. court's preliminary observations on rights (Para 5 , 10 , 11) |
| 4. state's justification for government order (Para 7 , 8 , 9) |
| 5. discussion on maintainability of the appeal (Para 12 , 13) |
| 6. possibility for application to vacate stay (Para 14 , 15) |
| 7. final decision on the writ appeal (Para 16) |
JUDGMENT :
S.G.PANDIT, J.
The above appeal under Section 4 of the Karnataka High Court Act, 1961 by the State of Karnataka, represented by Secretary as well as Chief Secretary to Government, Home Department and other State authorities, is directed against an ex parte interim order dated 28.10.2025 passed in W.P. No.107929/2025 whereby learned Single Judge stayed the operation of the impugned Government Order dated 18.10.2025 (Annexure-A to the writ petition).
2. The parties would be referred to as they stood before the learned Single Judge for the sake of convenience. The appellants herein were the respondents and respondents No.1 to 4 herein were the petitioners before the learned Single Judge.
3. The petitioners approached the learned Single Judge under Articl
Government orders cannot curtail fundamental rights guaranteed by the Constitution, particularly regarding public gatherings without appropriate legislative backing.
The State's refusal to permit a peaceful assembly must align with Article 19(3) of the Constitution; mere law and order concerns are insufficient grounds for restriction.
The mandatory nature of Article 226(3) of the Constitution of India and the need to prevent abuse of interim orders.
Interim orders extended in the presence of parties cannot be vacated automatically under Article 226(3) without a hearing on merit.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
