Moola Gramadevathe vs The Deputy Commissioner
2023 Latest Caselaw 2131 Kant

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                                                      WP No. 7700 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 6TH DAY OF APRIL, 2023

                                           BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                          WRIT PETITION NO. 7700 OF 2023 (GM-KSR)


                   BETWEEN:

                   MOOLA GRAMADEVATHE
                   SREE KOLLAPURADAMMA DEVI SAMITHI (R),
                   PADUVAGERE,
                   AMRUTHUR HOBLI,
                   KUNIGAL TALUK,
                   TUMAKURU DISTRICT - 572 111
                   REPRESENTED BY ITS SECRETARY,
                   SRI P.H.GOVINDARAJU,
                   S/O LATE HUCHEGOWDA
                   AGED ABOUT 55 YEARS,
                   RESIDING AT PADUVAGERE,
                   AMRUTHUR HOBLI
Digitally signed   KUNIGAL TALUK,
by                 TUMAKURU DISTRICT - 572 111.
PADMAVATHI
BK                                                           ...PETITIONER
Location: HIGH
COURT OF
KARNATAKA
                   (BY SRI HARSHA KUMAR GOWDA H.R., ADVOCATE)

                   AND:

                   1.    THE DEPUTY COMMISSIONER
                         TUMAKURU DISTRICT
                         TUMAKURU - 572 141.

                   2.    THE ASSISTANT COMMISSIONER
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                                         WP No. 7700 of 2023




     TUMAKURU SUB-DIVISION
     TUMAKURU - 572 141.

3.   THE TAHASILDAR
     KUNIGAL TALUK
     TUMAKURU DISTRICT - 572 141.

4.   THE SUPERINTENDENT OF POLICE
     TUMAKURU DISTRICT
     TUMAKURU - 572 141.

5.   CIRCLE INSPECTOR OF POLICE
     KUNIGAL TALUK
     KUNIGAL - 572 130.
                                              ...RESPONDENTS
(BY SRI B.V.KRISHNA, AGA FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1
TO 5 TO CONSIDER THE REPRESENTATIONS DTD 28/3/2023
AND 27/03/2023 PRODUCED AT ANNEXURE-C, D, E, F AND G
RESPECTIVELY TO GRANT ADEQUATE POLICE PROTECTION TO
CONDUCT THE JATRA, AGNI KONDOTSAVA, PALLAKI UTSAVA
OF THE MOOLA GRAMADEVATE SREE KOLLAPURADAMMA DEVI
WITH ALL POMP GAIETY, WHICH IS SCHEDULED TO BE HELD
ON 11/04/2023 AND 12/04/2023 AND ETC.,


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


                           ORDER

The petitioner is before this Court seeking consideration

of their representations dated 28.03.2023 and 27.03.2023 for

grant of adequate police protection to conduct Jatra, Agni

WP No. 7700 of 2023

Kondotsava and Pallaki Utsava of the Moola Gramadevate Sree

Kollapuradamma Devi.

2. Heard Sri.Harsha Kumar Gowda.H.R., learned counsel

appearing for petitioner and Sri.B.V.Krishna, learned Additional

Government Advocate appearing for respondents.

3. The petitioner every year appears to be knocking at

the doors of this Court seeking police protection for conduct of

jatra. The latest of the orders that is passed is of the previous

year in W.P.No.8359 of 2022 dated 20.04.2022 wherein this

Court has passed the following order:

"3. Learned counsel for the petitioner would submit that the petitioner-Samithi has to conduct the Jatra, Agni Kondotsava and other Utsavas and Poojas of the Moola Gramadevate Sree Kollapuradamma Devi at Paduvagere Village of Kunigal Taluk, Tumkur District. In that regard, petitioner submitted representations dated 11.04.2022 and 09.04.2022 produced at Annexures-C, D, E, F, G and H respectively seeking permission to conduct the Jatra Mahotsava and to provide police protection to conduct the Jatra Mahotsava peacefully.

4. Learned AGA on instructions submits that 4th respondent would consider the same.

5. It is also pointed out that this Court on the previous occasions/years also directed the respondents- authorities to consider similar prayer in

WP No. 7700 of 2023

W.P.No.14933/2017 disposed of on 12.04.2017 and W.P.No.23714/2018 disposed of on 01.06.2018.

6. In the representations referred to above, the petitioner-Samithi has sought permission and also police protection for conducting the Jatra Mahotsava peacefully.

7. In the light of the above observations, the writ petition is disposed of with the following direction:-

The 4th respondent-Superintendent of Police, Tumkur District, Tumkur is directed to consider Annexure- F dated 11.04.2022 and pass appropriate order in accordance with law before 25.04.2022."

4. In view of the fact that the judgment quoted (supra)

would cover the case at hand on all its fours, this Writ Petition

also stands disposed with the following direction:

The 4th respondent-Superintendent of Police, Tumkur

District, Tumkur shall consider the representations of the

petitioner dated 28.03.2023 and 27.03.2023 and pass

appropriate orders in accordance with law, on or before

10.04.2023.

Sd/-

JUDGE BKP