MANTE SWAMY PRATISTHANA (R) v. THE STATE OF KARNATAKA
WP/1787/2017 · 2026-06-30
M G S Kamal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30141 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30141 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32480 WP No. 1787 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1787 OF 2017 (GM-RES) BETWEEN:
1.
MANTE SWAMY PRATISTHANA (R) REPRESENTED BY ITS SECRETARY SRI MAHADEVA PRASAD NO.161, 5TH MAIN 'B' BLOCK, J P NAGAR, MYSURU - 570 008.
2.
MANTE SWAMY, RACHAPPAJI, SIDDAPPAJI PARAMAPARE RAKSHANA HORATA SAMITHI, BY ITS PRESIDENT SRI N MAHESH ADARSH NAGAR, LINGANAPURA ROAD KOLLEGAL - 571 440 CHAMRAJNAGAR DISTRICT.
3.
PROF H GOVINDAIAH S/O HELAVAIAH AGED ABOUT 62 YEARS, S-1255, 4TH CROSS, PADUVANE ROAD, KUVEMPUNAGAR MYSORE - 570 027. …PETITIONERS
(BY PROF. V. RAVIVARMA KUMAR, SENIOR COUNSEL FOR SMT. PRIYANKA YAVAGAL.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32480 WP No. 1787 of 2017
REPRESENTED BY ITS CHIEF SECRETARY , VIDHANA SOUDHA BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER CHAMRAJNAGAR DISTRICT CHAMRAJNAGAR - 571 440.
3.
THE SUPERINTENDENT OF POLICE CHAMRAJNAGAR DISTRICT CHAMRAJNAGAR - 571 440. …RESPONDENTS
(BY SRI. K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI. MAHANTESH SHETTAR., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO STRIKE DOWN KARNATAKA PREVENTION OF ANIMAL SACRIFICES ACT, 1959 (ACT 3 OF 1960) AS AMENDED FROM TIME TO TIME AS NULL AND VOID AND CONSEQUENTLY FORBEAR THE RESPONDENTS FROM ENFORCING THE PROVISIONS OF THE SAID ACT IN THE MANTE SWAMY SIDDAPPAJI RACHAPPAJJI JATRE AT CHIKALURU, KOLLEGAL TALUK, CHAMRAJNAGAR DISTRICT AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
1. Petitioners claiming themselves to be carrying forward the movement initiated by one legendary Mante Swamy, spreading awareness and to restore the secular and cosmopolitan values of commensality, being aggrieved by
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HC-KAR NC: 2026:KHC:32480 WP No. 1787 of 2017
an endorsement dated 15.12.2016 issued by the respondent No.2-Deputy Commissioner, by which, the respondent- authorities have rejected their application seeking permission to conduct Pankthi Seve by cooking and serving vegetarian and non-vegetarian food during five days religious festival at Mante Swamy Cult Jathra, are before this Court seeking following reliefs; (i) Issue a writ, order or direction to strike down Karnataka Prevention of Animal Sacrifices Act, 1959 (Act 3 of 1960) as amended from time to time as null and void and consequently forbear the respondents from enforcing the provisions of the said Act in the Mante Swamy Siddappaji Rachappaji Jatre at Chikkaluru, Kollegal Taluk, Chamrajnagar District.
(ii) Issue a writ, order or direction, directing the respondents and their subordinates not to interfere with the rights of the followers of Mante Swamy cult from freely participating in the Mante Swamy Siddappaji Rachappaji Jatre, at Chikkaluru, Kollegal Taluk, Chamrajnagar District and consuming non-vegetarian food at the "Saha Pankthi Bhojana" in the Mante Swamy Siddappaji Rachappaji Jatre at Chikkaluru, Kollegal Taluk, Chamrajnagar District after declaring the endorsement in No.MAG (1)MALO 453/16-17 dated 15.12.2016 (Annexure A) as void and inoperative.
(iii) Issue any other writ, order or direction as this Hon'ble Court deems fit to in the
facts and circumstances of the case including an order as to costs in the interest of justice and equity.
2. That according to the tradition the Pankthi Seve includes serving of food both vegetarian and non-vegetarian at the Jathre. That a public interest litigation in writ petition
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HC-KAR NC: 2026:KHC:32480 WP No. 1787 of 2017
No.1519/2016 had been filed by certain Vishwa Prani Kalayana Mandal seeking prevention of killing animals by way of scarifies in the religious shrines. The said writ petition was
disposed of on 05.07.2016 upon a submission made by the Additional Government Advocate assuring strict adherence to the provisions of Karnataka Prevention of Animal Sacrifices Act, 1959. 3. That in the light of the said order the impugned endorsement dated 15.12.2016 has been issued prohibiting the petitioners from serving non-vegetarian food during the Mante Swami Cult Jathre. 4. Heard Prof. V. Ravivarma Kumar, learned Senior counsel for the petitioners and Sri. Shashikiran Shetty, learned Advocate General appearing for the respondents-State. 5. During the argument it is brought to the notice of this Court that the aforesaid Vishwa Prani Kalayana Mandal had filed yet another public interest litigation in W.P.No.12071/2017. In the said writ petition specific directions were sought with regard to prevention of killing of animal in the name of "Saha Pankthi Bojana" within the
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HC-KAR NC: 2026:KHC:32480 WP No. 1787 of 2017
precincts of 14th respondent therein. Objection statement of 14th respondent were filed at paragraph 7 thereof following was stated;
"It is submitted that this Respondent does not perform nor encourage animal sacrifice in the precincts of Temple or in the name of 'Saha Pankti Bojana'. The Nilagaara Parampare does not comprise rituals/practice of animal sacrifice in the Temple. In fact, the Temple Mathadhipati has consistently written communications to the jurisdictional police informing the Authorities of the start of the Jatre, every year and further informing the police that no animal sacrifice or any other social evil is encouraged by the fourteenth Respondent. Copies of the communications are produced herewith as Annexure R-3 series at Annexure R-3A, R-3B, R-3C, R-3D, R-3E and R-3F, respectively."
6. Taking note of the aforesaid paragraph in the statement of objections, the Division Bench had disposed of the said writ petition. 7. Referring to the above, learned Senior counsel appearing for the petitioners submits that the petitioners would not press first relief in the present writ petition. However, he submits if petitioners are permitted to cook and serve vegetarian and non-vegetarian food during the "Saha Pankthi Bojana" at Mante Swamy Cult Jathre the purpose of the petition would be served. - 6 -
HC-KAR NC: 2026:KHC:32480 WP No. 1787 of 2017
8.
Learned Advocate General appearing for the respondent- State on instructions submits that what is prohibited is killing and scarifies of the animals within the precincts of the shrine and the respondent-State has not prohibited cooking and serving food including non-vegetarian food as per the tradition being followed. 9. The aforesaid submissions is placed on record. 10. Since a clarification with regard to petitioners being entitled to cook and serve vegetarian and non-vegetarian food in "Saha Pankthi Bojana Seve" during the Mante Swami Cult Jathre and since the petitioners is not pressing for the larger relief, the petition is disposed of. 11. Respondent-authorities shall ensure that "Saha Pankthi Bojana Seve" as per the tradition to continue without any impediment or obstruction as an undertaking not to scarifies animals in the precincts of the temple has already been given before the Division Bench of this Court in the aforesaid writ petition in W.P.No.12071/2017 as noted above. - 7 -
HC-KAR NC: 2026:KHC:32480 WP No. 1787 of 2017
12. Pending application if any, does not survive for
consideration in view of disposal of the writ petition.
SD/- (M.G.S. KAMAL) JUDGE
RU, List No.: 1 Sl No.: 61