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High Court of Karnataka · body

2025 DAILYLAW 78768 (KAR)

P RAGHU CHANDRA RAO v. STATE OF KARNATAKA

WP/1200/2025 · 2025-08-28

M I Arun

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33476 WP No. 1200 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. 1200 OF 2025 (LB-RES) BETWEEN: 1. P RAGHU CHANDRA RAO S/O SUBHA RAO AGED ABOUT 66 YEARS, R/ KALGERI 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 DHARMASTHALA GRAMA PANCHAYATH, SULLIA TALUK, DAKSHINA KANNADA- 574 216. 3. THE GRAM PANCHAYATH DHARMASTHALA REPRESENTED BY ITS PRESIDENT DHARMASTHALA, BELTHANGADY TALUK, DAKSHINA KANNADA- 574 216 …RESPONDENTS (BY SRI. SPOORTHI V., HCGP, FOR R1 SRI. CHANDRANATH ARIGA, ADV., FOR R2 & R3) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33476 WP No. 1200 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSU A WRI TOF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DTD. 01.07.2024 BEARING NO.KRAMANKA (GRA).PAM /DHA/45/2024-25 ISSUED BY THE R-2 AT ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING 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 present writ petition is filed with a prayer to set aside the resolution as well as the endorsement issued to the - 3 - HC-KAR NC: 2025:KHC:33476 WP No. 1200 of 2025 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. iii) It is hereby made clear no opinion is expressed on the matter and it is for respondent Nos.2 and 3 to - 4 - HC-KAR NC: 2025:KHC:33476 WP No. 1200 of 2025 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.60.1