IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.38838-840 OF 2019 (GM-POLICE) BETWEEN:
1. SARVAJANIKA SRI KRISHNA JANMASTAMI UTSAVA SAMITI, OFFICE AT ADARSH REGAL GROUND FLOOR, 1ST BLOCK, KATIPALLA, MANGALORE 575 030. REP BY PRESIDENT, MR. GIRISH NAYAK 2. MR. SANDEEP AGED 32 YEARS S/O MR. NITHYANADA, R/AT G-L1/23, 1ST BLOCK, KATIPALLA, MANGALORE 575 0 30. SECRETARY TO SARVAJANIKA SRI KRISHNA JANMASTAMI UTSAVA SAMITI 3. MR. PRASANNA GOPAL DEVA ADIGA AGE 37 YEARS S/O MR. GOPAL DEVA ADIGA, R/AT NO. 2-107, K/5, LAKSHMI NIVAS, KULLANGALU GUDDE, MADHYA POST, SOORINJE VILLAGE, MANGALORE 575 030 … PETITIONERS (BY MR.B RAVINDRA PRASAD, ADV.) AND:
1. THE COMMISSIONER OF POLICE A B SHETTY CIRCLE, PANDESHWARA, MANGALORE 575 001 2. THE ASSISTANT COMMISSIONER OF POLICE MANGALORE NORTH SUB DIVISION, PANAMBUR, DAKSHINA KANNADA, MANGALORE 575010 3. THE INSPECTOR OF POLICE SURATHKAL POLICE STATION, MANGALORE NORTH, MANGALORE 575014 (BY MR. VIJAYAKUMAR A PATIL, AGA) … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 19.08.2019 VIDE ANNEXURE-F ISSUED BY THE R-2; AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.B. Ravindra Prasad, Learned counsel for the petitioner.
Mr.Vijaya Kumar A patil, Learned Additional Government Advocate for the respondent.
The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. In this petition the petitioner inter alia seeks a writ of certiorari for quashment of endorsement dated 19.08.2019 as well as writ of mandamus to respondent to permit the petitioner to celebrate Krishna Janmashtami on 23.08.2019 near Srikshethra Ganeshpura Mahaganapathi Temple, Badihalli Samaj Mandir Ground Mangalore.
3. When the matter was taken up today, learned counsel for the petitioner submitted that he will produce an undertaking from the Members of the Hindu Dharmika Samithi that they have no objections to the petitioner celebrating the festival.
4. In view of the aforesaid submission, learned Additional Government Advocate submitted that in case such an undertaking is furnished by the petitioner before the Assistant Commissioner of Police, the respondent No.2 shall re-assess the situation and shall deal with the same in accordance with law.
In view of the aforesaid submission, the writ petition is disposed of on the aforesaid terms.
Sd/- JUDGE SS