LOHITT V URS @ LOHITH V URS v. THE STATE OF KARNATAKA
WP/5767/2026 · 2026-02-21
C M Poonacha
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 12814 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12814 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10771-DB WP No. 5767 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 5767 OF 2026 (GM-RES) BETWEEN:
1. LOHITT V URS @ LOHITH V URS AGED ABOUT 46 YEARS S/O LATE. H. VIJAYACHANDRA RAJE URS RESIDING AT # 826 GRAMA PANCHAYATH OFFICE ROAD HINKAL, MYSURU - 570 017 …PETITIONER (BY SRI CHAMU SHIVA SHASTRY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA MINISTRY/DEPARTMENT OF TOURISM VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY
2. DEPARTMENT OF ARCHAEOLOGY, MUSEUMS AND HERITAGE REPRESENTED BY ITS COMMISSIONER KARNATAKA EXHIBITION AUTHORITY COMPLEX MYSURU - 570 010
3. SHREE CHAMUNDESHWARI KSHETRA DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY
Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:10771-DB WP No. 5767 of 2026
SRI CHAMUNDESHWARI DEVELOPMENT AUTHORITY, CHAMUNDI HILL MYSURU - 570 010
4. THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT MALAI MAHADESHWARA BUILDING 1ST MAIN ROAD, CHAMARAJPET BENGALURU - 560 018
5. THE COMMISSIONER OF POLICE MIRZA ROAD, NEAR GANDHIVANA PARK NAZARBAD, LOKARANJAN MAHAL ROAD MYSURU - 570 010
6. M/S SKS KARKALA INFRA PROJECTS PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR SRI. SUJAY KUMAR SHETTY @ SUJAY SHETTY #102, JANAK RESIDENCY 1ST FLOOR, RACE COURSE ROAD BENGALURU - 560 001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1, R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENTS TO STOP THE ONGOING CONSTRUCTION ON THE NORTHERN SIDE OF THE
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HC-KAR NC: 2026:KHC:10771-DB WP No. 5767 of 2026
CHAMUNDESHWARI TEMPLE, PHOTOGRAPHED AT ANNEXURE-F (SERIES), AND ALSO DESCRIBED AS SITE 1 - NEAR CHAMUNDI TEMPLE IN THE BOARD AT ANNEXURE-H (SERIES) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
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The petitioner has filed the present petition as a public interest litigation, inter alia, praying that an order be issued to the respondents-authorities to stop the ongoing construction on the northern side of the Chamundeshwari temple. 2. The petitioner contends that the said construction violates Section 26 of The Karnataka Ancient and Historical Monuments and Archeological Sites and Remains Act, 1961. The said contention is premised on the basis that the construction being raised would imperil the temple which is a protected monument. - 4 -
HC-KAR NC: 2026:KHC:10771-DB WP No. 5767 of 2026
3. There is no scientific data or material to indicate that the construction being raised, which is not within the premises, imperils the structure in any case. 4. In view of the above, we find no grounds to entertain the present petition. The same is, accordingly, dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
KMV List No.: 2 Sl No.: 12