- 1 - NC: 2025:KHC:9625 WP No. 6672 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6672 OF 2025 (GM-R/C) BETWEEN: 1. SRI. DURGAMMA DEVALAY TRUST (R) REPRESENTED BY ITS AUTHORIZED MEMBER SRI H BASAVARAJU S/O HONNAPPA BARAGUR, HULKAL BETTA, NIRUVAGAL, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT - 572214 …PETITIONER (BY SRI. MURUGESH V. CHARATI, ADVOCATE FOR SRI. GIRISHA T.R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BENGALURU - 560 001. 2. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9625 WP No. 6672 of 2025 MALAI MAHADESHWARA VARTHA BHAVANA, CHAMARAJPET, BENGALURU - 560 018. 3. THE TAHSILDAR CHIKKANAYAKANAHALLI TALUK, CHIKKANAYAKANAHALLI, TUMAKURU DISTRICT - 572 214. 4. THE SUPERINTENDENT OF POLICE, TUMAKURU DISTRICT, TUMAKURU - 572 101. 5. THE POLICE SUB INSPECTOR, HANDANAKERE POLICE STATION, HANDANAKERE, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT - 572214 …RESPONDENTS (BY SRI. SESHU V., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO MAKE ALL ARRANGEMENTS INCLUDING SENDING SRI ANJANEYASWAMY IDOL, NIRUVAGAL, TO THE JATHRA MAHOTSAVA AT HULKAL BETTA AND EXTEND POLICE SECURITY FOR SMOOTH CONDUCT OF JATHRA SCHEDULED TO BE HELD FROM 8.3.2025 TO 15.3.2025 AT HULKAL BETTA BY CONSIDERING THE REPRESENTATIONS DATED 28.2.2025 COPIES OF WHICH ARE PRODUCED AT ANNEXURES-C AND D TO MEET THE ENDS OF JUSTICE. - 3 - NC: 2025:KHC:9625 WP No. 6672 of 2025 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Murugesh V. Charati, learned counsel appearing for the petitioner, Sri. Seshu V., learned HCGP appearing for the respondents and have perused the material on record. 2. The petitioner as an annual ritual is again before this Court seeking the same relief that was sought for in the year 2024. This Court in W.P.No.7976/2024 dated 19.04.2024, had passed the following order: "2. The subject petition is preferred in the wake of a jathra being held in Hulkal betta. This Court, on 15.03.2024, had passed the following order: “The captioned writ petition is filed seeking mandamus against respondents to issue appropriate direction to the respondents to make arrangements in order to perform Jathra Mahothsava at Hulkal Betta scheduled on 16.03.2024 to 23.03.2024. Learned counsel appearing for the petitioner reiterating the grounds would bring to the notice of this Court that the Jathra Mahothsava is performed every year under the supervision of the Tahasildar and during that particular period, the Tahasildar has handed over deities to enable the devotees to perform Jathra Mahothsava. - 4 - NC: 2025:KHC:9625 WP No. 6672 of 2025 This factual matrix is not seriously disputed by the learned AGA. On the contrary, the learned AGA on instructions submits that the State is willing to co-operate and handover the deities to enable the devotees to perform Jathra Mahothsava scheduled to be held on 16.03.2024 to 23.03.2024 subject to supervision of the jurisdictional Tahasildar. The said statement is taken on record. The petitioner is hereby permitted to perform Jathra Mahothsava at Hulkal Betta scheduled to be held from 16.03.2024 to 23.03.2024 under the supervision of the jurisdictional Tahasildar subject to handing over deities after completion of Jathra Mahothsava. Learned AGA accepts notice for respondent Nos.1 to 3 Issue emergent notice to respondent No.4.” And again on 08.04.2024 the following order was passed: “The learned Additional Government Advocate to secure instructions with regard to opening of the temple as the learned counsel Mr.Chandrakanth Ariga, for respondent No.4 submits that the temple has been closed and nobody is performing pooja to the deity as the present Archak who was performing pooja has allegedly gone missing for months. List the matter on 16.04.2024 for preliminary hearing.” 3. Learned counsel for petitioner submits that the jathra is already over, as such, the petition is rendered infructuous. 4. Learned counsel for the 4th respondent makes a hue and cry about the lock being put to the temple in which he is said to be performing pooja. 5. Learned Additional Government Advocate submits that the 4th respondent has been removed from service and the said removal is pending consideration in a separate writ petition No.5115 of 2021. If that be so, it is for the 4th respondent to agitate all his rights in the said petition and not venture seeking orders in some other petition. - 5 - NC: 2025:KHC:9625 WP No. 6672 of 2025 With the aforesaid observations, petition stands disposed. Pending applications if any, also stand disposed." 3. Learned counsel appearing for the petitioner submits that if the same order is passed for this year as well, it would suffice. 4. Learned HCGP would also submit that adequate police protection should be granted for, so that there would not be any law and order problem. 5. In that light, I deem it appropriate to dispose the petition with the same liberty as is observed hereinabove with an added direction that the Deputy Commissioner shall oversee that there would be no law and order problem and if necessary, adequate police protection be granted at the time of Jathra. With the aforesaid observations, the petition stands disposed. Sd/- ______________________ JUSTICE M.NAGAPRASANNA SJK/List No.: 2 Sl No.: 9