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2026 DAILYLAW 38992 (KAR)

SRI JAGANNATH SEVA TRUST v. THE STATE OF KARNATAKA

WP/13423/2026 · 2026-09-07

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010304192026 NC: 2026:KHC:48420 WP No. 13423 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 13423 OF 2026 (GM-POLICE) BETWEEN: SRI JAGANNATH SEVA TRUST AMCO LAYOUT MAIN ROAD, NEAR IMPACT COLLEGE, SABARI SHRIKHETRA, NO.14/3B, SAHAKARANAGAR POST, BENGALURU - 560092. REP. BY FOUNDER/SIGNATORY SRI. NILAMANI BEHURA …PETITIONER (BY SMT. LEELA P. DEVADIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001 2. THE DEPUTY COMMISSIONER OF POLICE, AMRUTHAHALLI, NORTH EAST DIVISION BENGALURU-560092 3. THE STATION HOUSE OFFICER KODIGEHALLI POLICE STATION BENGALURU- 560092 Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010304192026 NC: 2026:KHC:48420 WP No. 13423 of 2026 4. SRI. RAJANNA, S/O.LATE VENKATAPPA, AGED ABOUT 52 YEARS, R/AT.NO.58, SHANTHIVANA, SAHAKARANAGARA POST, BEHIND JAGANNATHA TEMPLE, BENGALURU-560092 …RESPONDENTS (BY SRI. PANINI A.H. AGA FOR R1 TO R3 SRI. NITYANAND V NAIK, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION, MORE PARTICULARLY IN THE NATURE OF A WRIT OF MANDAMUS, DIRECTING RESPONDENT NOS.2 AND 3 TO FORTHWITH REMOVE THE OBSTRUCTION CAUSED IN FRONT OF THE TEMPLE, INCLUDING THE ERECTION OF A.E. SHEETS AND ANY OTHER BARRIERS, AS RECORDED IN THE REPORT(PRODUCED AT ANNEXURE-T), FILED PURSUANT TO THE INTERIM ORDER DATED 27.03.2026 PASSED IN W.P. NO.10009/2026 AS PER ANNEXURE-S. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER 1. The present writ petition is filed seeking for the following reliefs: "a) issue a writ, order or direction, more particularly in the nature of a writ of mandamus, directing Respondent Nos.2 and 3 to forthwith remove the Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010304192026 NC: 2026:KHC:48420 WP No. 13423 of 2026 obstruction caused in front of the temple, including the erection of A.E. sheets and any other barriers, as recorded in the report(produced at Annexure-T), filed pursuant to the interim order dated 27.03.2026 passed in W.P. No.10009/2026 as per Annexure-S. b) issue a writ, order or direction directing Respondent Nos.2 and 3 to strictly implement and enforce the interim directions issued by this Hon'ble Court in W.P. No.10009/2026, produced at Annexure-S; c) issue a writ, order or direction directing Respondent Nos. 2 and 3 to provide adequate and continuous police protection to the temple premises to ensure that the petitioner Trust, its trustees, archakas and devotees are able to access the temple and conduct pooja, rituals and religious activities without any interference; e) issue such other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. The petitioner seeks for removal of obstructions in terms of the report dated 31.03.2026, which was filed before this Court in WP.No.10009/2026. A copy of the said report has been annexed along with the memo which has produced as Annexure- T to the writ petition. It is submitted that this Court, pursuant to the order dated 27.03.2026 passed in WP.No.10009/2026, had granted an interim relief and in the Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010304192026 NC: 2026:KHC:48420 WP No. 13423 of 2026 said writ petition, the said report dated 31.03.2026 has been filed. 3. However, learned counsel for the respondents submits that the said writ petition i.e., WP.No.10009/2026 has been dismissed vide order dated 19.06.2026. 4. It is also forthcoming that a civil suit in OS No.1736/2026 is pending consideration before the Court of the XV Additional City Civil and Sessions Judge, Bengaluru. 5. Having regard to the fact that the said civil suit is pending between the parties as noticed above and since WP No.10009/2026 has been dismissed vide order dated 19.06.2026, the relief sought for by the petitioner in the present petition cannot be granted. 6. In view of the aforementioned, the present petition stands dismissed. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 68 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA