IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.21514 OF 2019 (GM-RES) BETWEEN:
Bashyam Nagar Sri Gangaiamman Festival Trust (Regd) No.91, 2nd Cross Road, Bhashyam Nagar, Srirampuram, Bengaluru – 560 021.
By its Organising Secretary, Sri. A.B. Srivenkata, Aged about 47 years, S/o Sri. A. Balakrishnan … Petitioner (By Sri. G.R.. Mohan, Advocate) AND:
1. State of Karnataka By its Station House Officer, Srirampuram Police Station, Srirampuram, Bengaluru – 560 021.
2. The Assistant Executive Engineer BBMP Ward No.97, 12th Main, 2nd Block, Rajajinagar, Bengaluru – 560 010.
3. The Inspector of Police BESCOM Vigilance Squad, No.297, MNR Complex, 17th Cross, Malleshwaram, Bengaluru – 560 003.
4. Sri. Gangaimman Festival Committee 3rd Cross, Bashyam Nagar, Srirampuram, Bengaluru – 560 021. Rep. by its President, Sri. D. Ranganath.
5. Smt. Kumari Palanikanth, BBMP Corporator, Ward No.97, Dayanandnagar No.22, 1st Cross, Bhasyam Nagar, Srirampuram, Bengaluru – 560 021.
6. Sri. S. Suresh Kumar Member of Legislative Assembly, Rajajinagar Constituency, Rajajinagar, Bengaluru – 560 010. … Respondents (By Sri. S.V. Girikumar, AGA for R1;
Sri. Shivaprasad Shantanagoudar, Adv. For R4; R2 and R3 are served) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying direction to respondent Nos.1 and 2 to accord permission for organizing the Sree Gangaiamman Festival between 6.00 AM of 24.05.2019 till 6.00 AM of 25.05.2019 at 9th Main 3rd Cross, Bashyam Nagar, Srirampuram, Bengaluru and etc., This Writ Petition coming on for Orders this day, the court made the following:
O R D E R The petitioner has sought for direction to respondents No.1 and 2 to accord permission for organizing Sree Gangaiamman Festival between 6.00 am of 24.05.2019 till 6.00 am of 25.05.2019 at 9th Main, 3rd Cross, Bashyam Nagar, Srirampuram, Bengaluru, inter alia seeking for a direction to respondents Nos.5 and 6 not to interfere with the respondents authorities for the purpose of conducting festival by the petitioner Trust on 24.05.2019.
2. The petitioner had filed writ petition No.17803/2018 which came to be disposed of on 25.04.2019, observing that the petitioner is at liberty to make an application with regard to their grievance before respondent No.1 within a period of one week from the date of order inasmuch as seeking permission to use the loud speaker on 24.05.2019 to celebrate the festival. In pursuant to the same, the petitioner has made a representation to respondent No.1-Station House Officer on 24.05.2019. Aggrieved by the inaction of respondent No.1 in not considering the representation, this writ petition has been filed. However, during the pendency of the present writ petition, respondent No.1 has issued notice dated 16.05.2019 to the effect that the request of the petitioner shall be considered subject to the production of the permission accorded by the BBMP, BESCOM and Traffic Police.
3. The learned counsel for the petitioner submits that in view of the aforesaid communication dated 16.05.2019 at Annexure-S to the writ petition, petitioner has approached the concerned departments for necessary permission and on production of the said permission to be issued by the concerned departments, the same shall be made available before respondent No.1. In view of the same, respondent No.1 may be directed to consider the representation of the petitioner. Learned counsel further submits that the prayer (B) in the writ petition in as much as to issue a Writ of Mandamus to the respondent Nos.5 and 6 not to interfere with the respondents authorities for the purpose of conducting festival by the Petitioner Trust on 24.05.2019, is not pressed.
4. For the foregoing reasons, writ petition stands disposed of, with a direction to respondent No.1 to consider the representation of the petitioner in accordance with law subject to the production of the necessary permission orders to be submitted by the petitioner, as called for, in an expedite manner.
In view of the disposal of the main petition, IA.No.1/2019 does not survive for consideration. Hence, it stands disposed of.
Sd/- JUDGE ag