Mahalakshmi (Samskruthika Kala) (Halli Sambrama) Devasthanada Seva Samithi Trust (R) Registered Under Indian Trust Act, Sathanuru Village And Post Kasaba Hobli, Mandya Taluk Mandya District � 571 401 Represented By Its Secretary Sri Chennakeshava Vs Deputy Commissioner Mandya District Mandya � 571401 & Others

Karnataka High Court At Bengaluru 6 Mar 2024 Writ Petition No. 6875 Of 2024 (GM-POLICE) (2024) 03 KAR CK 0008
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition No. 6875 Of 2024 (GM-POLICE)

Hon'ble Bench

M. Nagaprasanna, J

Advocates

K.P. Bhuvan, K.P.Yoganna

Final Decision

Disposed Of

Judgement Text

Translate:

M. Nagaprasanna, J

1. The petitioner is before this Court seeking the following prayer:

“(a) Issue a writ of mandamus, directing the respondent No. 2 & 6 to give adequate and effective police protection to safe guard the interest of the Petitioner trust to celebrate Mahashivarathri festival from 08.03.2024 to 09.03.2024 at Sri. Halegudi Sri Beereshwara Swamy temple Sathanoor Mandya Taluk, Mandya District. vide Annexure-C & D as expeditiously as possible;

(b) Issue a writ of mandamus, directing the respondents No. 1 to 6 to consider the dated and 17.02.2024 and 22.02.2024 vide Annexure C to C. 2nd D to D1 to celebrate Mahashivarathri festival for a period of 2 days from 08.03.2024 & 09.03.2024 at Sri. Halegudi Sri Beereshwara swamy temple Sathanoor, Mandya Taluk, Mandya District.

(c) Issue a writ of mandamus, directing the respondents to enter the petitioner Sri Yajaman Poojari Gosahegde Channakeshava and Sri.Yajaman Poojari Gosahegde Shankara enter Grabhagudi of Hale Gudi Beereshwarswamy Devaru to perform Pooja.

(d) Issue a writ of mandamus, directing the respondents to allow the petitioners to Hale Gudi Beereshwarswamy Angala by performing Bajane, Hari kathe dated 08.03.2024 on 8.00 Pm to 6am on 09.03.2024 with police protection.

(e) Pass such other order/s, as the petitioner is entitled to in the facts and circumstances of the case, including the costs of the proceedings, in the interest of justice and equity.”

2. Heard Sri K.P.Bhuvan, learned counsel for petitioner and Sri K.P.Yoganna, learned Additional Government Advocate for respondent Nos.1 to 6.

3. The State is notified as appearing for respondent Nos.1 to 6. The prayer is for grant of police protection for performing several activities of the petitioner. There are four prayers sought independently. All the prayers of the petitioner cannot be considered as they are projected to get the right to perform the activities at the Shivarathri festival in the garb of seeking police protection for performing activities on the day of Shivarathri festival. There are several private parties who are arrayed as respondents into these proceedings, which clearly depict that there is dispute between the petitioner and the private respondents.

4. Learned Additional Government Advocate would submit that the private respondents are all the residents of the village, who do perform pooja at the time of Shivarathri festival every year.

5. Therefore, what is held every year shall be held this year as well; what is performed every year shall be performed this year as well and the practice in the past is permitted to be practiced this year also. The only order that can be granted is, a direction to the police to see / oversee that no untoward incident happens on the day of the festival and the public are not put to any inconvenience on the day of the festival. All the other prayers sought for by the petitioner cannot be considered to be granted in this petition.

6. With the aforesaid observations and direction, the writ petition stands disposed.

Ordered accordingly.

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