Case: Abraham T.J Vs. The State of Karnataka

2. As the facts would unfold, two ladies, namely, Leelavati w/o. Vasudev Bhatt Dixit and Ms. Jayshree w/o. late Vittal Bhatt Dikshit donated 5 acres of land situate in the Taluk Aland in the District of Kalburagi in the State of Karnataka for construction of a "Mini Vidhana Soudha". Be it clarified, "Mini Vidhana Soudha" is a Taluk office meant for officers to function from one compound. Various departments at the Taluk level are required to function in a cohesive and cooperative manner. A decision was taken by the Government not to establish the "Mini Vidhan Soudha" at the originally chosen place at Aland, but to shift to another place in the same Taluk3. The Petitioner, who claims to be a public spirited person, invoked the jurisdiction of the High Court by filing a public interest litigation challenging such shifting of the place by alleging mala fide and also raising the contention that there had been violation of the conditional gift deed executed by the two ladies. The High Court by a detailed order has declined to interfere.

Reasoning: 7. Ordinarily, we would have straightway dismissed the special leave petition but we are inclined to say something in addition. Shifting of "Mini Vidhan Saudha" of present nature by an executive decision to six kilometers away is not a matter of public interest. It does not espouse any kind of public cause. It really pertains to smooth administration where the "Mini Vidhan Saudha" or Taluk office complex will be situated. It does not come within the domain of public interest litigation. It is pure and simple abuse of the concept of public interest litigation. Be it clarified that the conception of public interest litigation was not conceived to be used for this purpose.