SRI SREE BHUTANATHA MAHADEVI ABBAGA DARAGA SAHAPARIVARA DEVASTANA TRUST (R) v. THE PRL. SECRETARY
WP/8148/2026 · 2026-03-13
Sachin Shankar Magadum
body2026
DailyLaw.ai
[ 2026 DAILYLAW 508 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 508 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15049 WP No. 8148 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8148 OF 2026 (GM-POLICE) BETWEEN:
SRI SREE BHUTANATHA MAHADEVI ABBAGA DARAGA SAHAPARIVARA DEVASTANA TRUST (R), UDUPI DISTRICT, MANIKAL, JANUVARKATTE, REP. BY ITS MANAGING TRUSTEE- SRI SHANKAR SHETTY AGED ABOUT 69 YEARS S/O KARIYANNA SHETTY R/AT. BILLADI VILLAGE, JANUVARUKATTE POST, BRAHMAVARA TALUK, UDUPI - 576 223. …PETITIONER (BY SMT. PAYAL DECHAMMA C V., ADVOCATE FOR SRI. H. PAVANA CHANDRA SHETTY., ADVOCATE) AND:
1. THE PRL. SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU- 560 001. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:15049 WP No. 8148 of 2026
2. THE SUPERINTENDENT OF POLICER UDUPI DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, UDUPI, UDUPI DISTRICT- 576 101. 4. CIRCLE POLICE INSPECTOR, BRAHMAVARA CIRCLE BRAHMAVARA TALUK, UDUPI DISTRICT - 576 213. 5. POLICE SUB INSPECTOR, KOTA POLICE STATION, KOTA, UDUPI - 576 221. 6. THE TAHSILDAR BRAHMAVARA TALUK, UDUPI DISTRICT-576 213. 7. ASSISTANT COMMISSIONER, KUNDAPURA SUB DIVISION, KUNDAPURA, UDUPI DISTRICT - 576 201. …RESPONDENTS (BY SRI.K.P. YOGANNA., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE PETITIONER REPRESENTATIONS EFFECTIVELY, MADE ON 02.03.2026 TO THE RESPONDENT NO.2 TO 4 PRODUCED AS ANNEXURE-A TO A2 AND DIRECT THE RESPONDENT NO.2 TO 5 POLICE TO PROVIDE PROTECTION TO HOLD / CONDUCT ANNUAL JATRA MAHOTSAVA WHICH IS TO BE HELD ON 24.03.2026 TO 26.03.2026 OF THE SRI BHUTANATHESHWARA SRI MAHADEVI ABBAGA DARAGA SAHAPARIVARA DEVASTANA MANIKALLU, BRAHMAVARA TALUK, UDUPI DISTRICT. JANUVARKATTE. - 3 -
HC-KAR NC: 2026:KHC:15049 WP No. 8148 of 2026
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed seeking a direction against respondent Nos.2 to 7 to consider the petitioner’s representation dated 02.03.2026, produced as Annexures–A to A.2, and to extend police protection for conducting the annual Jatra Mahotsava of Sri Bhutanatheshwara Sri Mahadevi Abbaga Daraga Sahaparivara Devastana, Manikallu, Januvarkatte, Brahmavara Taluk, Udupi District, which is scheduled to be held from 22.03.2026 to 26.03.2026. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents.
Perused the material placed on record. - 4 -
HC-KAR NC: 2026:KHC:15049 WP No. 8148 of 2026
3. The petitioner submits that for the previous year also, in identical circumstances, the petitioner had approached this Court in W.P.No.6576/2025 (GM– POLICE) seeking police protection to conduct the said religious festival. In the said proceedings, the authorities had issued an endorsement declining to extend police protection on the ground that O.S.No.262/2024 was pending before the competent Civil Court. This Court, however, having examined the matter, overruled the objection relating to the pendency of the civil suit and proceeded to grant police protection, directing the respondent–authorities to ensure that the festival was conducted peacefully. 4. In the present case also, the police report submitted by respondent No.5 refers to the pendency of O.S.No.262/2024 as a ground to deny protection. This Court is unable to accede to the said objection. - 5 -
HC-KAR NC: 2026:KHC:15049 WP No. 8148 of 2026
The pendency of the civil suit had already been taken note of by a Co-ordinate Bench of this Court while granting similar relief for the previous year. 5. In that view of the matter, this Court deems it appropriate to extract the relevant observations made by the Co-ordinate Bench in W.P. No.6576/2025 (GM–POLICE), which read as follows:
"6. The performance of jatra in a Temple would entail certain consequences, if Police protection is not granted for maintenance of public order and peace, during the conduct of jatra. It is necessary for the State to accord such Police protection for the conduct of jatra between the period 24.03.2025 and 26.03.2025. 7. As submitted by the learned counsel appearing for the petitioner, for conduct of jatra, several rounds of preparation would go on ten days prior to the aforesaid dates. Therefore, the District Administration shall over-see that from 14.03.2025 to 26.03.2025, no untoward incident would happen and the jatra or the annual mahotsava at the Temple would go on in a peaceful manner."
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HC-KAR NC: 2026:KHC:15049 WP No. 8148 of 2026
6.
Having regard to the aforesaid observations made by the Co-ordinate Bench and the fact that police protection was extended in the previous year in respect of the very same Temple festival, this Court is of the view that the apprehension expressed by the petitioner cannot be brushed aside. The material placed on record also indicates that the annual Jatra Mahotsava is a customary religious event conducted every year and involves participation of devotees from the surrounding villages. Such religious congregations, by their very nature, require adequate policing to ensure maintenance of law and order and to prevent any untoward incidents during the period of preparation as well as during the conduct of the festival. 7. In the present case, the petitioner has sought protection for conducting the annual Jatra
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HC-KAR NC: 2026:KHC:15049 WP No. 8148 of 2026
Mahotsava of Sri Bhutanatheshwara Sri Mahadevi Abbaga Daraga Sahaparivara Devastana, which is scheduled to commence on 24.03.2026. In view of the protection granted by this Court for the previous year under similar circumstances, and in the absence of any justifiable reason to deny such assistance, this Court is satisfied that the petitioner has made out a case for issuance of appropriate directions. 8. Accordingly, the writ petition is allowed. Respondent Nos.2 to 7 are directed to extend necessary police protection to enable the petitioner to conduct the annual Jatra Mahotsava of the Temple commencing on 24.03.2026. The concerned police authorities and the District Administration shall ensure that adequate police protection is provided from 19.03.2026 to 28.03.2026, so that the preparatory
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HC-KAR NC: 2026:KHC:15049 WP No. 8148 of 2026
activities and the festival are conducted smoothly and peacefully, without any disturbance to public order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
SA