Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 14806 (KAR)

COMMITTEE OF MANAGEMENT v. THE DEPUTY COMMISSIONER

WP/360/2019 · 2025-02-19

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7517 WP No. 360 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 360 OF 2019 (LB-RES) BETWEEN: COMMITTEE OF MANAGEMENT KADIYALI SRI MAHISHAMARDHINI TEMPLE, KADIYALI, POST KUNJIBETTU-576 102 UDUPI DISTRICT. REPRESENTED BY ITS PRESIDENT, K. SRINIVASA HEBBAR, AGED 40 YEARS S/O K. KRISHNA HEBBAR, R/AT NO.1-2-152A, INDRA PRASTHA, NEAR KADIYALI TEMPLE, UDUPI. …PETITIONER (BY SRI. S.K. ACHARYA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, UDUPI DISTRICT, UDUPI-576 101 2. UDUPI CITY MUNICIPALITY UDUPI-576 101, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI. T.I. ABDULLA, ADVOCATE FOR R2) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7517 WP No. 360 of 2019 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 UDUPI CITY MUNICIPALITY TO IMPLEMENT AND EXECUTE ITS ORDER DATED 07.11.2017 VIDE ANNEXURE-J AS WELL AS SECOND NOTICE DATED 08.01.2018 VIDE ANNEXURE-M AND FINAL NOTICE DATED 08.08.2018 VIDE ANNEXURE-Q FORTHWITH AT DOOR NO.1-1-37 OF UDUPI CITY MUNICIPALITY SITUATED AT KADIYALI WARD, UDUPI DISTRICT DIRECT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is before this Court seeking for a direction to be issued to the second respondent-Udupi City Municipality to implement and execute the orders that had been passed vide Annexures – J, M & Q. 2. By the said orders, the Udupi Municipality have called up on to the persons who were running a Kala Mantapa (Sarvamangala Kala Mantapa Samithi) unauthorizedly to stop using the Kala Mantapa. - 3 - NC: 2025:KHC:7517 WP No. 360 of 2019 3. Learned counsel appearing for the Municipality submits that the Municipality was prevented to take any action by virtue of the suit that had instituted by the people who manage the Kala Mantapa but now the said suit has been dismissed and consequently the Municipality will proceed to take action in the matter as required. 4. In the light of the said submission, the writ petition is disposed of directing the Municipality to take action in accordance with law. 5. Pursuant to the notices that had issued regarding running of the Kala Mantapa, it is needless to state that the Municipality would be bound to implement its own orders and take it to its logical conclusion. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE DHA List No.: 1 Sl No.: 44 CT:SNN