Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:2373 WP No. 201107 of 2025
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201107 OF 2025 (GM-POLICE) BETWEEN:
1.
SRI VISHWANATH REDDY S/O SIDDANAGOUDA REDDY, AGED ABOUT 62 YEARS, OCC: MEMBER, GRAM PANCHAYAT BILHAR R/O: H.No.57/1 BILHAR VILLAGE, TQ: WADAGERA, DIST: YADGIRI - 585 325.
2.
SRI. MAREPPA S/O LACHAMAPPA, AGED ABOUT 24 YEARS, OCC: EVENT ORGANIZER, R/O: H.No.3/88 NEAR AMBEDKAR CIRCLE, BILHAR VILLAGE, TQ : WADAGERA, DIST: YADGIRI - 585 325. …PETITIONERS (BY SRI. RAVI B. PATIL, ADVOCATE) AND:
1.
THE TAHASILDAR, WADAGERA TAHASIL OFFICE, WADAGERA, TQ: WADAGERA, DIST: YADGIRI- 585 325.
Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA
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2.
THE PANCHAYAT DEVELOPMENT OFFICER, BILHAR GRAM PANCHAYAT, BILHAR VILLAGE, TQ: WADAGERA, DIST: YADGIRI - 585 325.
3.
THE SUB INSPECTOR OF POLICE WADAGERA POLICE STATION, TQ: WADAGERA, DIST: YADGIRI - 585 325. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 16.04.2025 PASSED BY THE 1ST RESPONDENT AUTHORITY IN FILE NO.REV/M.A.G./01/2025-26 AS AT ANNEXURE-J AS ILLEGAL AND ONE WITHOUT JURISDICTION AND ALSO CONTRARY TO THE PROVISIONS OF THE KARNATAKA DRAMATIC PERFORMANCES ACT, 1964 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri.Ravi B.Patil learned counsel for the writ petitioners as well as learned Additional Government Advocate who represents respondent Nos.1 and 3. On
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permission being accorded, Sri.Venkatesh C.Mallabadi made his submission.
2. Aggrieved by the order that was passed by respondent No.1 i.e., Tahasildar, Wadagera in File No.REV/M.A.G./01/2025-26 dated 16.04.2025, the present writ petition is filed.
3. Sri.Ravi B.patil, learned counsel for the writ petitioners submits that petitioner No.2 is an organiser of Stage Drama being an artist. He intended to perform a drama during the eve of Jatra of Hazarat Chahu Hussain Bhasha near Darga which is situated at Birhal village. Jatra will commence from 17.04.2025 and continues till
19.04.2025. The petitioners gave representation to the respondent No.1 to permit them to perform drama. As there was no response, the petitioners filed a writ petition in W.P.No.201087/2025. This Court disposed of the said writ petition on 15.04.2025 directing respondent No.1 to consider the representation and pass necessary orders.
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On receiving that order, respondent No.1 passed the impugned order rejecting the request of the petitioners.
4.
Learned counsel for the writ petitioners submits that the second petitioner and his troupe intends to perform a drama and said performance will in no way cause any kind of inconvenience to any persons. Only because two rival groups have submitted their applications for performance of drama, unable to take a decision wisely, respondent No.1 simply rejected the application filed by the petitioners which is unjustifiable. Learned counsel states that respondent No.2 is ready to give undertaking that he will not cause any disturbance to public order while the drama is performed.
5. Sri.Venkatesh C.Mallabadi submits that his client has also submitted a representation for performance of drama and that application was also rejected and respondent No.1 till now even did not issue the copy of rejection order.
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6. Learned Additional Government Advocate states that as there is rivalry between two political groups and each one is supporting one troupe, to avoid inconvenience respondent No.1 rejected both the applications. Learned Additional Government Advocate states that in case fresh application is submitted, respondent No.1 will consider the same and accord permission for performing the stage drama.
7. Having considered the submissions thus made and as Sri.Ravi B.Patil, learned counsel for the petitioners states that no time is left to submit a fresh representation, this Court considers desirable to order respondent No.1 to reconsider the matter, take appropriate undertakings, if any, and permit not only the petitioners but the members of other troupe also to make their performance.
8. This Court is of the view that directions are required to be given not only to protect the interest of artists but also to keep the works of authorship and dramatic arts of India alive.
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9. This writ petition is therefore disposed of with the following:
ORDER i. Respondent No.1 Tahasildar, Wadagera is
directed to consider the representation submitted by the petitioners and other party and to pass appropriate orders in accordance with law. ii. In the light of assurance given by learned Additional Government Advocate that positive directions will be issued for performance, respondent No.1 is directed to fix dates and timing for performance of stage drama by the two groups. iii. Respondent No.1, Tahasildar, Wadagera is
directed to take all steps including collecting information relating to performance, identity proof, etc., from all the participants of the stage drama and to
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take all steps to prevent any untoward incident during the course of performance. iv. Petitioners and others who perform the stage drama shall give separate affidavits that they will not indulge in any unlawful activities or make performance which includes obscene scenes or behaviour. v. The petitioners as well as other parties to be present before the Tahasildar by 4.00 p.m. of this day.
Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE
VNR List No.: 2 Sl No.: 1 CT:NI