Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 11393 (KAR)

GOVIND V BHAT v. THE STATE BY ITS PRINCIPAL SECRETARY

WP/201678/2025 · 2025-06-27

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:3445 WP No. 201678 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201678 OF 2025 (GM-R/C) BETWEEN: SRI. GOVIND V. BHAT S/O VISHWANATH BHAT, AGE: 48 YEARS, OCC: BUSINESS, R/AT HAVANOOR VILLAGE, TQ. AFZALPUR, DIST. KALABURAGI-585301. …PETITIONER (BY SRI. RAVINDRA H. BABALESHWAR, ADVOCATE) AND: 1. THE STATE BY ITS PRINCIPAL SECRETARY FOR REVENUE M. S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE ADDL. DEPUTY COMMISSIONER, KALABURAGI TQ. AND DIST. KALABURAGI-585102. 3. THE ASSISTANT COMMISSIONER KALABURAGI, JAGATH CIRCLE, KALABURAGI-585101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3445 WP No. 201678 of 2025 4. THE SUPERINTENDENT OF POLICE KALABURAGI DISTRICT, KALABURAGI-585101. 5. THE TAHASILDAR AFZALPUR, TQ. AFZALPUR, DIST. KALABURAGI-585301. 6. SRI. PANDITA EKANATH A. DURVE S/O AMBADAS DURVE, AGE: 60 YEARS, OCC: ASTROLOGIST, R/AT HAVANOOR VILLAGE, TQ. AFZALPUR, DIST. KALABURAGI-585265. 7. RAMAKRISHNA S/O SHIVARAMA, AGE: 80 YEARS, OCC: AGRICULTURE, R/AT HAVANOOR VILLAGE, TQ. AFZALPUR, DIST. KALABURAGI-585265. 8. GAJANANA S/O VITHOBA BISE, AGE: 68 YEARS, OCC: AGRICULTURE, R/AT HAVANOOR VILLAGE, TQ. AFZALPUR, DIST. KALABURAGI-585265. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1 TO R5; SRI. BASANNAGOUDA S. PATIL, AND SRI. GANESH DESHPANDE, ADVOCATES FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI AND GRANT THE FOLLOWING RELIEF. I) ALLOW THE PETITION AND II) QUASH THE IMPUGNED ORDER DATED 03.02.2025 AND 12.06.2025 PASSED BY THE RESPONDENT NO.2 IN FILE NO. END/DVS/ 212/2024-25 PRODUCED AT ANNEXURE-B AND D AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3445 WP No. 201678 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) There is dispute between petitioner and respondent No.6 to 8 as to who has to perform pooja in Maremmadevi temple in Havanoor village, Afzalpur Taluka, Kalaburagi District. The State authorities have provided police protection to respondent No.6 to perform the pooja at the temple. Aggrieved by the same, the present writ petition is filed by the petitioner contending that, he has the rights to perform the pooja and not respondent No.6. 2. Admittedly, the families of petitioner as well as respondent Nos.6 to 8 are devotees of Maremmadevi temple and related to each other. It is further submitted by the parties in unison that they have an agreement as to who has to perform pooja and when. However, there is a dispute as to who has to perform the pooja at what particular point of time. - 4 - HC-KAR NC: 2025:KHC-K:3445 WP No. 201678 of 2025 3. In the course of arguments, learned counsel for the petitioner as well as contesting respondents submit that, they would approach the Civil Court and settle their dispute. Further, they together submit that an observation be made by this Court that the police protection given by the State authorities should not be taken into consideration by the Trial Court while deciding as to who is entitled to perform the pooja at what particular time. 4. Hence the following: ORDER The petitioner and respondent Nos.6 to 8 are at liberty to settle their dispute by approaching the appropriate forum in the manner known to law. The authority deciding the dispute between petitioner and respondent Nos.6 to 8 will not rely upon the police protection accorded to respondent No.6 to perform pooja to determine the real question as to - 5 - HC-KAR NC: 2025:KHC-K:3445 WP No. 201678 of 2025 who is entitled to perform the pooja and at what particular point of time. The writ petition is disposed of with the above observations. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 12 CT:SI