Sri Nijagallu Siddarabetta ... vs Prl Secretary
2021 Latest Caselaw 6196 Kant

                           1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF DECEMBER, 2021

                        BEFORE

        THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.23062 OF 2021 (GM-RES)

BETWEEN:

SRI NIJAGALLU, SIDDARABETTA DEVASTAND
SEVA SAMITHI TRUST (R),
REP BY ITS GENERAL SECRETARY/TRUSTEE,
H RAMAKRISHNAPPA,
S/O S D HANUMAIAH,
AGED ABOUT 56 YEARS,
R/AT BALAGERE VILLAGE,
DODDABELE POST,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT-562 132.
                                          ...PETITIONER
(BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE)

AND:

1. PRL SECRETARY,
   REVENUDE DEPARTMENT,
   M S BUILDING,
   AMBEDKAR VEEDHI,
   BENGALURU-560 001.

2. PRL.SECRETARY,
   FOREST DEPARTMENT,
   VIKASA SOUDHA,
   AMBEDKAR VEEDHI,
   BENGALURU-560 001.

3. DEPUTY COMMISSIONER
   BANGALORE RURAL DISTRICT,
   CHAPPARAKALLU,
   DEVANAHALLI,
   BENGALURU RURAL DISTRICT-562 110.
                               2

4. PRL. CHIEF CONSERVATOR OF FOREST,
   ARANYA BHAVAN,
   MALLESHWARAM,
   BANGALORE-560 003.

5. SUPERINTENDENT OF POLICE,
   BANGALORE RURAL DISTRICT,
   CUNNINGHAM ROAD,
   OPP CHANDRIKA HOTEL,
   BENGALURU-560 001.

6. RANGE FOREST OFFICER,
   FOREST DEPARTMENT,
   NELAMANGALA TALUK,
   BANGALORE RURAL DISTRICT-562 132.

7. TAHSILDAR,
   NELAMANGALA TALUK,
   NELAMANGALA-562 132

8. STATION HOUSE OFFICER,
   DABASPET,
   NELAMANGALA TALUK,
   NELAMANGALA-562 111.
                                           ...RESPONDENTS
(BY SRI. B V KRISHNA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R-6 AND 7 TO CONSIDER THE PETITIONERS REPRESENTATION
MADE ON DTD. 06.12.2021 EFFECTIVELY PRODUCED AT ANNX-
A AND ETC.,

     THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-

                             ORDER

The short grievance of the petitioner is as to the non-

consideration of its representations dated 6.12.2021 &

10.12.2021 respectively at Annexures-A & B wherein it has

sought for the grant of permission to celebrate Sree Hanuma

Jayanti in Nijagallu Siddarabetta Devasthana; learned counsel

for the petitioner submits that since no order has been passed

on the subject representations in time and that the

celebration is scheduled to be held tomorrow itself i.e.,

16.12.2021, a direction be issued to respondents not to come

in the way of such celebration.

2. Learned AGA on request having accepted notice for

the respondents stoutly opposed the petition contending that

permitting such a celebration is likely to disturb the ecological

balance in the hill area which is a State Reserved Forest under

the provisions of Rule 17 of the Mysore Forest Regulations; so

contending, he seeks dismissal of the Writ Petition.

3. Having heard the learned counsel for the parties

and having perused the Petition Papers, this Court is inclined

to grant conditional indulgence in the matter for the following

reasons:

(a) Siddarabetta has public access subject to all

reasonable restrictions, is not in dispute; similarly, every year

Sree Hanuma Jayanti is celebrated in the temple situate on

the top of Siddarabetta is also not in dispute; petitioner had

made two representations of course a bit belatedly is true;

however, there is a stony silence from the side of the

authorities about the same; therefore, issuing a direction to

consider the representations would not do real justice to the

devotees; the celebration in question being scheduled to be

held tomorrow.

(b) If every year celebration takes place wherein

devotees throng the place, the Government has to come out

with a strong reason as to why the same should be interdicted

and in the case at hands, it has not so come out; not

permitting the devotees to celebrate and participate in the

celebration of the kind, is likely to hurt their religious feelings;

this is not a happy thing to happen, when they have

traditional rights.

(c) The contention of learned AGA as to the

apprehended ecological balance can be addressed by imposing

all reasonable restrictions including the COVID-19 related

riders; however, such a contention cannot be taken to the

extreme of blocking the scheduled celebration absolutely;

such a view is supported by a catena of decisions of the Apex

Court.

(d) The above apart, petitioner and other celebrating

devotees shall not use additional electricity or laser lighting or

such other implements or otherwise pollute the atmosphere

there nor they do anything which may affect the ecological

balance; however, this restriction shall not come in the way of

the petitioner making a minimum lighting arrangements to

facilitate the celebration of the even.

In the above circumstances, this Writ Petition is

favoured; a direction issues to the respondents to permit the

celebration of Sree Hanuma Jayanti, at Nijagallu Sidarabetta

temple on 16.12.2021 subject to above conditions or those as

the respondents may stipulate keeping in view the

Government Order dated 29.11.2021.

Costs made easy.

Learned AGA is requested to instruct his clients about

this judgment and facilitate the celebration of Shri Hanuma

Jayanthi by the devotees.

Sd/-

JUDGE

cbc