SRI. KEMPE GOWDA ABHIVRUDDHI SAMITHI v. STATE OF KARNATAKA
WP/15573/2026 · 2026-06-10
B M Shyam Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28491 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28491 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28104 WP No. 15573 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 15573 OF 2026 (LB-RES) BETWEEN:
SRI. KEMPE GOWDA ABHIVRUDDHI SAMITHI REG. SOCIETY UNDER SOCIETIES REGISTRATION ACT, 1950 HUCHA HANUMEGOWDANAPALYA, KALARI POST, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DIST. KARNATAKA-562120 REPRESENTED BY ITS PRESIDENT SHRI. H. M. KRISHNAMURTHY. …PETITIONER
(BY SRI. D.R. RAVI SHANKAR, SENIOR ADVOCATE FOR SMT. SHARADA C., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVERNMENT,
URBAN DEVELOPMENT DEPARTMENT
ROOM NO.434, 4TH FLOOR,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI
BENGALURU- 560 001.
2.
CHIEF OFFICER MAGADI TOWN MUNICIPAL COUNCIL,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:28104 WP No. 15573 of 2026
NEAR GOVT. HOSPITAL,
MAGADI TOWN
BANGALORE SOUTH DISTRICT,
KARNATAKA - 562 120.
3. TAHSILDAR TAHSILDAR OFFICE MAGADI MAGADI TALUK,
BANGALORE SOUTH DISTRICT
KARNATAKA-562 120. …RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI. KENCHEGOWDA, AGA, FOR R-1 AND R-3 SRI. R.S. RAVI, SENIOR ADVOCATE FOR SRI. CHADNRASHEKAR.L, ADVOCATE FOR R-2)
THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR
ORDER, RESTRAINING THE RESPONDENTS FROM RELOCATING, REMOVING, OR DISTURBING THE EXISTING STATUE OF NADAPRABHU KEMPEGOWDA SITUATED WITHIN THE PRECINCTS OF THE MAGADI TOWN MUNICIPAL COUNCIL WITHOUT DUE PROCESS OF GOVERNMENTAL APPROVAL, PRIOR PUBLIC LAW, VALID CONSULTATION AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2026:KHC:28104 WP No. 15573 of 2026
ORAL ORDER The petitioner [a Society], which is incorporated to promote the ideals and aspirations of Nadaprabhu Magadi Kempegowda as is understood in the folklore, is aggrieved by the respondents' decision to relocate his statue. The first round of litigation in this regard is in WP No. 28530/2025, and this Court has
disposed of this petition on 04.03.2026 with the second respondent [the Chief Officer, Magadi Town Municipal Council] making a statement before this Court that the statue will be shifted by about 500 metres in the same survey number and with all reverence and dignity attributable to the persona. The petitioner's representatives have signified their consent for this shifting.
2. This is the second round of litigation, and this Court, on 08.06.2026, upon hearing Mr. D.R. Ravi Shankar, the learned Senior Counsel for the petitioner, has opined that the question for
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consideration would be whether this statue has been shifted with due reverence and dignity as observed by this Court and within the distance as stated before this Court. Further, this Court has called upon the second respondent to place on record materials to justify that there is due compliance with the statement made before this Court.
3. In response, the second respondent has filed a memo along with certain documents stating amongst others that [a] the statue is shifted with all due honours after conducting pooja with the assistance of police bandobasth, [b] the work of shifting the statute was entrusted to a Civil Contractor, who had to secure technical guidance, [c] the statue was first shifted to a makeshift shelter under police protection and [d] the pedestal for the statue is nearing completion. The second
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HC-KAR NC: 2026:KHC:28104 WP No. 15573 of 2026
respondent has produced a photograph which reads as under.
4. Sri R.S. Ravi, the learned Senior Counsel for the second respondent, submits that the statue is shifted within a distance of 100-110 feet from the
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HC-KAR NC: 2026:KHC:28104 WP No. 15573 of 2026
place of its original location, and when queried the learned Senior Counsel, on instructions from the second respondent who is present, states that all the work including recreating the pedestal with the inscriptions originally installed would be completed within an outer limit of 30 days from today.
5. Sri D.R. Ravi Shankar, on instructions from the learned counsel on record for the petitioner, submits that this Court may take on record the statement that the statue is shifted within a distance of 100-110 feet from the place of its original location and that the construction of the pedestal, with all the inscriptions as originally constructed, would be completed within a period of 30 days.
6. This Court is of the opinion that the petition must be disposed of in the light of these two
submissions, though there could be some contention on whether the pooja and the other ceremonies
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HC-KAR NC: 2026:KHC:28104 WP No. 15573 of 2026
followed by the second respondent would suffice or not, observing that the second respondent, once the construction is completed, must ensure a proper unveiling of the statue with the participation of the petitioner's representatives. In the light of the afore, the following;
ORDER [a] The petition stands disposed of calling upon the second respondent to ensure that the construction of the pedestal for the statue is as per the original scale and inscription. [b] The second respondent shall ensure that this work is completed within 30 days from today and that the statute is unveiled with the participation of the petitioner's representatives, who shall participate in such function without causing reason for any untoward incident.
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[c] The second respondent shall ensure that the construction of the pedestal happens expeditiously and a report is filed into this Court on the unveiling of the statute within 30 days therefrom.
Sd/- (B M SHYAM PRASAD) JUDGE
NV