- 1 - HC-KAR NC: 2026:KHC:29162-DB WP No. 24059 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 24059 OF 2024 (GM-RES-PIL) BETWEEN: 1. MR. NIKHIL VITTHL PATIL AGE: 25 S/O VITTHAL PATIL OCCU: STUDENT RESIDENT OF HALKARNI MAGDUM VASAHAT TAL - GADHINGLAJ DIST - KOLHAPUR - 416 506 MAHARASHTRA …PETITIONER (BY MR. NIKHIL VITTHL PATIL, PARTY-IN-PERSON) AND: 1. UNION OF INDIA ARCHAEOLOGICAL SURVEY OF INDIA DHARWAD CIRCLE REP. BY ITS SUPERINTENDING ARCHAEOLOGIST NEAR R.N. SHETTY STADIUM BEHIND KANNADA SAHITYA BHAVAN 2. STATE OF KARNATAKA REPT. BY ITS CHIEF SECRETARY ROOM NO.330, 3RD FLOOR VIDHANA SOUDH BENGALURU - 01 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29162-DB WP No. 24059 of 2024 3. DEPUTY COMMISSIONER DC OFFICE COMPOUND BELAGAVI BELAGAVI - 590 001 4. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF WATER RESOURCES KARNATAKA 305, 306, 3RD FLOOR VIKASA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001 …RESPONDENTS (BY SRI H. SHANTHI BHUSHAN, DSGI FOR R-1 & MS. NILOUFER AKBAR, AGA FOR R-2 TO 4) 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 OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING RESPONDENT NO.2 TO ARRANGE SUITABLE LAND, PROVIDE FUNDS FROM THE COMMON POOL FUND AND/OR THE CULTURAL MINISTRY OF KARNATAKA, AND FORM A COMMITTEE AS PER THE REQUESTED PROPOSAL OF THE PETITIONER IN THE PETITION TO RELOCATE THE ALLAMA PRABHU SWAMY TEMPLE AND VITHAL TEMPLE FROM THE HIDKAL DAM BACKWATERS. A SPECIAL COMMITTEE BE FORMED AT THE EARLIEST TO PROTECT THE ALLAMA PRABHU SWAMY TEMPLE AND VITTHAL TEMPLE. THERE IS AN IMMINENT RISK OF LOSING THE STRUCTURAL BALANCE OF THESE TEMPLES DUE TO THEIR INTERLOCKING METHOD OF CONSTRUCTION & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:29162-DB WP No. 24059 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, inter alia, praying as under: "a. Issue a writ of Mandamus or any other appropriate writ, order, or direction, directing Respondent No.2 to arrange suitable land, provide funds from the common pool fund and/or the cultural ministry of Karnataka, and form a committee as per the requested proposal of the petitioner in the petition to relocate the Allama Prabhu Swamy Temple and Vitthal Temple from the Hidkal dam backwaters. A special committee be formed at the earliest to protect the Allama Prabhu Swamy temple and Vitthal temple. There is an imminent risk of losing the structural balance of these temples due to their interlocking method of construction. The requested committee members are as follows: SL NO. Members Responsibility 1. DC of Belagavi To release the funds. 2. ASI, Dharwad Circle's superintending officer, or a person authorized by them To monitor the process of relocation and, if needed, to direct officials to make the necessary changes. 3. Tender-Winning Company To take over the process of relocation 4. The trust president and/or other committee members authorized by the president of the trust. To attend the meeting as a representative of the devotees and present their points in the committee meetings. b. Issue any appropriate writ, order, or direction, directing Respondent Nos.1 and 2 to form a state-level - 4 - HC-KAR NC: 2026:KHC:29162-DB WP No. 24059 of 2024 joint committee to survey such ancient monuments in Karnataka to protect and conserve them from further damages. It is most humbly submitted that the committee should include those who have expertise in the field of history and archaeology for precisely studying the history and culture of that era, even if they are not part of the government agencies." 2. The petitioner states that the monument in question (Shree Allama Prabhu Swamy Temple at Hidkal Reservoir of Hukkeri Taluk, Belagavi District) is about 300 to 350 years old. However, it is not a centrally protected monument. The petitioner states that, given the historical value of the said monument, it is necessary for the State Government to take steps for protecting the same. Since the monument is located in the Hidkal reservoir, it is submerged for almost half a year. It is in the aforesaid context that the petitioner prays that a committee be constituted for protection of the monument in question, as there is an imminent risk of losing the structure due to the interlocking method of construction. 3. The State has filed a memo, including report of the committee consisting of officers of various departments. The said committee had visited the monument in question on 26.05.2025 and has rendered an opinion that, Shree Allama Prabhu Swamy Temple, its sculpture and remains at Hidkal - 5 - HC-KAR NC: 2026:KHC:29162-DB WP No. 24059 of 2024 reservoir of Hukkeri Taluk, Belagavi district can be declared as Protected Monument under the Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961. 4. The learned Additional Government Advocate also submits that if the monument is declared as a protected monument, further steps would be taken to ensure that the monument is protected. 5. Insofar as the question of relocation of the monument is concerned, we do not consider it apposite to pass any direction in this regard. Once the monument is declared as a protected monument, the concerned authorities are required to take all necessary steps for its protection, including examining the feasibility of relocating the same. 6. The petition is disposed of with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 29