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2025 DAILYLAW 67931 (KAR)

RAMANANDA SHETTY v. STATE OF KARNATAKA

WP/1206/2025 · 2025-08-28

M I Arun

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33477 WP No. 1206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.1206 OF 2025 (LB-RES) BETWEEN: 1. RAMANANDA SHETTY S/O BABU SHETTY AGED ABOUT 49 YEARS R/A NETHRAVATHI HOUSE DHARMASTHALA BELTHANGADY TALUK DAKSHINA KANNADA-574 216 …PETITIONER (BY SRI. K S PONNAPPA., ADV.,) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY DEPARTMENT OF PANCHAYATH RAJ VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU -560 001 2. THE PANCHAYATH DEVELOPMENT OFFICER DHARMASHTHALA GRAMA PANCHAYATH SULLIA TALU DAKSHINA KANNADA - 574216 3. THE GRAM PANCHAYATH DHARMASTHALA REPRESENTED BY ITS PRESIDENT DHARMASTHALA BELTHANGADY TALUK DAKSHINA KANNADA - 574 216 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33477 WP No. 1206 of 2025 …RESPONDENTS (BY SRI. SPOORTHI V., HCGP, FOR R1 SRI. K CHANDRANATHA ARIGA, ADV., FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 01/07/2024 BEARING NO. KRAMAKGHRA. PAM/DHA/44/2024-25 ISSUED BY THE RESPONDENT NO.2 AT ANNEXURE-E), ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has sought to establish a commercial home stay in Dharmasthala. For that reason, he has requested respondent Nos. 2 and 3 - Grama Panchayath to accord him necessary permission. However, on the ground that a PIL bearing W.P.No.25570/2023 was pending pertaining to establishment of home stays in the Grama Panchayat area and it has been resolved by respondent No.3 to defer taking a decision on the request of the petitioner and an endorsement has been issued to the petitioner in this regard. Aggrieved by the same, the - 3 - HC-KAR NC: 2025:KHC:33477 WP No. 1206 of 2025 present writ petition is filed with a prayer to set aside the resolution as well as the endorsement issued to the petitioner wherein it has been decided to defer taking a decision and a prayer is also made requesting respondent Nos. 2 and 3 to consider the request of the petitioner in accordance with law. 2. It is submitted that subsequently W.P.No.25570/2023 has been dismissed for non- prosecution. Under the circumstances, there is no impediment to respondent Nos. 2 and 3 to take a decision on the request of the petitioner in accordance with law. 3. Hence, the following:- ORDER i) Writ Petition is disposed of. ii) Respondent Nos. 2 and 3 are directed to consider the request of the petitioner in accordance with law and pass appropriate order within a period of two months from the date of receipt of certified copy of this order. - 4 - HC-KAR NC: 2025:KHC:33477 WP No. 1206 of 2025 iii) It is hereby made clear no opinion is expressed on the matter and it is for respondent Nos.2 and 3 to consider the request of the petitioner on merits including imposition of such conditions permissible in law taking into consideration that the place is a pilgrimage (religious) place. Sd/- (M.I.ARUN) JUDGE Bsv List No.: 1 Sl No.: 60