- 1 - HC-KAR NC: 2025:KHC-K:3587 WP No. 201760 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201760 OF 2025 (GM-POLICE) BETWEEN: 1. MAHIBOOB DASTAGEERSAB VALLIBHAVI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O WARD NO.2, BIRAOOA GUDI HATTLR, TQ. SINDAGI, KALKERI VILLAGE, DIST. VIJAYAPUR. 2. NANAGOUDA S/O BHIMANAGOUDA CHANDERI, AGE: 48 YEARS OCC: AGRICULTURE, R/O KALKERI VILLAGE, TQ. TALIKOTI, DIST. VIJAYAPURA 3. SHIVARAJ S/O MALKANNA DOREGOL, AGE: 37 YEARS, OCC: AGRICULTURE, R/O KALKERI VILLAGE, TQ. TALIKOTI, DIST. VIJAYAPURA. …PETITIONERS (BY SMT. HEMA V. S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, VIJAYAPURA AND DISTRICT MAGISTRATE, DARBAR HALL, VIJAYAPURA-586101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3587 WP No. 201760 of 2025 2. THE SUPERINTENDENT OF POLICE, VIJAYAPURA DIST. VIJAYAPURA-586101. 3. THE DEPUTY SUPERINTENDENT OF POLICE, INDI SUB DIVISION INDI, DIST. VIJAYAPURA-586101. 4. THE SUB INSPECTOR OF POLICE, KALKERI POLICE STATION, KALKERI, TQ. TALIKOTE, DIST. VIJAYAPURA-586101. 5. THE TAHASHILDAR, TALIKOTI, TAHASIL OFFICE, TALIKOTE, DIST. VIJAYAPURA-586101. …RESPONDENTS (BY SRI. MALHARA RAO, AAG A/W SRI. SHESHADRI JAISHANKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED BEARING NO.RB/MAG/E-OFFICE NO. 2025-26 DATED 26-06-2025 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E, B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOs.1 TO 5 FACILITATE THE PEACEFUL PERFORMANCE OF MOHARAM FESTIVAL AT DYAPUR MASJID, OR ANY OTHER MASJID OF KALKERI VILLAGE, TQ, TALIKOTI DIST. VIJAYAPURA BY PROVIDING SUCH POLICE PROTECTION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3587 WP No. 201760 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioners are residents of Kalkeri village, Talikoti taluka, Vijayapura District. They intend to celebrate Muharram in their village by installing Panja. However, taking into consideration the prevailing disharmony amongst several communities in the village, respondent No.1 has passed the impugned order, banning the celebration of Muharram in the Kalkeri village. The said order is passed under Section 39 of the Karnataka Police Act, 1963. Aggrieved by the same, the writ petition is filed. 2. The case of the petitioners is that, there are several masjids in the village and there is a dispute in respect of only one masjid called ‘Hire Masjid’, which has led to certain disharmony amongst the communities. But, there is no dispute in respect of other masjids and in the course of the arguments, it is submitted that, permission - 4 - HC-KAR NC: 2025:KHC-K:3587 WP No. 201760 of 2025 may be granted to celebrate Muharram by installing the Panja in other masjids. It is further submitted that, in the year 2024 also a similar order was passed and by the intervention of this Court, by way of an interim order, Muharram was celebrated and a similar order may also be passed this year also. 3. Per contra, learned Additional Advocate General upon instructions submits that, though there is a dispute in respect of one masjid as stated by the petitioner, the overall atmosphere in the village is tensed and taking all the factors into consideration, the impugned order is passed. He further submits that just because last year there was no untoward incident, it does not mean that this year also there will not be any untoward incident if Muharram celebrations are permitted. 4. It is further submitted that, the respondent No.1 has not passed the impugned order only based on his personal knowledge, but he has done so after obtaining - 5 - HC-KAR NC: 2025:KHC-K:3587 WP No. 201760 of 2025 the necessary information from the jurisdictional police. He has also produced the copies of the letters addressed to respondent No.1 by the jurisdictional Police Sub-Inspector and also the Superintendent of Police. 5. Perusal of the letter reveals that the jurisdictional police apprehend communal violence if Muharram is celebrated in Kalkeri village. This has led to passing of impugned order. 6. Section 39(1) of the Karnataka Police Act, 1963 reads as under: “39. Issue of orders for maintenance of order at ceremonials, etc.— (1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of or participation in which it shall appear to a competent authority that a dispute or contention exists which is likely to lead to grave disturbance of the peace, such authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the - 6 - HC-KAR NC: 2025:KHC-K:3587 WP No. 201760 of 2025 circumstances regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested. Every such order shall be published in the town or place wherein it is to operate and all persons concerned shall be bound to conform to the same.” 7. What is the prevailing ground condition is best left to the assessment of the jurisdictional police and the revenue authorities. Under the given facts and circumstances of the case, the Court will also have to be guided by the assessment of the police and the revenue authorities, unless the petitioners are in a position to produce any evidence to the contrary. A mere affirmation that there is a dispute in respect of only one masjid and there is no impediment to install Panja in other masjids of the village and celebrate Muharram may not suffice. Merely because there was no untoward incident in the past, one cannot come to a conclusion that it will not be there even this year. The authorities who have the first hand knowledge of the prevailing ground situation have - 7 - HC-KAR NC: 2025:KHC-K:3587 WP No. 201760 of 2025 come to the conclusion that celebration of Muharram has to be banned in Kalkeri village between 27.06.2025 to 06.07.2025. It is not appropriate to hold it otherwise. 8. For the aforementioned reasons, the writ petition is hereby dismissed. However, it is clarified that dismissal of writ petition will not come in the way of respondent-authorities changing their decision taking into consideration the ground situation. Sd/- (M.I.ARUN) JUDGE sdu LIST NO.: 1 SL NO.: 29 CT:SI