Sri Kannada Yuvaka Sangha Trust (R) v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30260 OF 2026 (GM-POLICE) BETWEEN:

SRI KANNADA YUVAKA SANGHA TRUST (R) HALEPETE NARASIMHARAJAPURA CHIKKAMAGALURU DISTRICT - 577 134 A REGISTERED INDIAN TRUST ACT 1882 REPRESNETED BY ITS AUTHORIZED TRUSTEE AND PRESIDENT SRI. P.R. SUKUMAR …PETITIONER (BY SRI. H.R. SANTHOSH, ADVOCATE) AND:

¶1THE STATE OF KARNATAKA REP BY ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, ROOM NO.222. 2ND FLOOR VIDHANA SOUDHA BENGALURU - 560 001

¶2DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DEPUTY COMMISSIONER'S OFFICE CHIKKAMAGALURU DISTRICT - 577 101

¶3THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE SH 57 VIJAYA NAGAR, CHIKKAMAGALURU - 577 101

¶4POLICE SUB-INSPECTOR AND STATION HOUSE OFFICER NARASIMHARAJAPURA POLICE STATION NARASIMHARAJAPURA CHIKKAMAGALURU DISTRICT - 577 134

¶5THE CHIEF OFFICER TOWN PANCHAYAT OFFICE, MAIN ROAD NARASIMHARAJAPURA CHIKKAMAGALURU DISTRICT - 577 134

¶6THE FIRE STATION OFFICER KARNATAKA STATE FIRE AND EMERGENCY SERVICES NARASIMHARAJAPURA CHIKKAMAGALURU DISTRICT - 577 134

¶7THE ASSISTANT ENGINEER MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED NARASIMHARAJAPURA SUB DIVISION NARASIMHARAJAPURA CHIKKAMAGALURU DISTRICT - 577 134 …RESPONDENTS (BY SRI. HARISH A.S., AGA FOR R1 TO R4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE ENDORSEMENT DATED 09.09.2026 ISSUED BY R4 AND PRODUCED AS ANNX-L INSOFAR AS IT REFUSES PERMISSION FOR THE PETITIONERS CELEBRATION AT MUNICIPAL OLD PROPERTY NO. 1349/1327/1349 (NEW NO. 1779595230), HALEPETE NARASIMHARAJAPURA ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

The present writ petition is filed seeking for the following reliefs: "a) Issue a writ of certiorari or other appropriate writ, order or direction quashing the endorsement dated

09.09.2026 issued by respondent No.4 and produced as Annexure-L, insofar as it refuses permission for the petitioners celebration at municipal old property No. 1349/1327/1349 (new No.1779595230), Halepete Narasimharajapura; b) Issue a writ of mandamus directing respondent Nos.2 to 7 to coordinate and forthwith grant the permissions and no objection certificates required for the petitioner to install and worship an eco-friendly Ganesha idol and conduct the annual Ganesha festival for the period starting from 22.09.2026 to 29.09.2026 at the aforesaid premises subject to lawful conditions; c) In the alternative direct respondent Nos.2 to 7 to reconsider petitioners applications dated

21.08.2026 and supplementary representation dated

08.09.2026 submitted before the respondent Nos.4 to 7 and issue a coordinated reasoned decision within six hours of receipt of this Hon'ble Courts order without treating the other Sanghats separate venue or any unverified rival claim over the petitioners premises as conclusive against the petitioner (Annexure-E, F, G, H and J); d) Grant such other order or relief, including costs as this Hon'ble Court deem fit in the interests of justice and equity. "

¶2The petitioner is stated to have made an application / representation to the Police Authorities for the purpose of organising annual Ganesha Festival. The representation was initially made for conducting the function between 14.09.2026 to 22.09.2026.

¶3It is the case of the petitioner that it was earlier a Sangha and the petitioner which is a Trust is continuing the activities of the Sangha. The Sangha having conducted the annual religious festival at its premises, has again proposed to conduct the same for the current year, which was rejected by the concerned authorities.

¶4Learned AGA referring to impugned endorsement dated 09.09.2026 (Annexure-L to the writ petition) submits that there are two factions in the Sangha and applications made by both the factions have been rejected by the concerned authority, in view of the apprehension that awarding of permission of one of the factions would cause law and order problems.

¶5Although, it is the vehement contention of the learned counsel for the petitioner that the petitioner sought to

conduct the annual religious activity in its own premises, it is clear from the material on record that the premises in question were purchased the name of the Sangha. There being two factions in the Sangha and one faction having registered the petitioner - Trust, it is the Trust which has made the present application in question for conducting of the annual religious function.

¶6Having regard to the factual matrix as noticed above, the respondents - authorities were justified in refusing permission to both the factions of the Sangha, since, it was apprehended that granting permission to one of the factions would result in a law and order situation.

¶7It is the vehement contention of the learned counsel for the petitioner that consequent to the rejection made to the other faction of the Sangha, the other faction has conducted the annual religious activity at another premises and the same has also been completed and hence there is no impediment to grant the permission in question in favour of the petitioner. The said submission is also unmerited.

¶8Having regard to the fact that, the concerned authorities having rejected the request made by both the factions and one faction having respected the said decision and having carried out the annual religious activities in another place, the question of this Court in exercise of its extraordinary discretionary jurisdiction under Article 226 of the Constitution of India interfering with the action of the concerned authorities for the purpose of granting permission to the other faction of Sangha, more particularly having regard to apprehension of concerned authorities regarding maintaining the law and order situation, does not arise.

¶9Accordingly, the preset petition is dismissed as devoid of merit.

¶10Pending IAs., if any, stand disposed of.

(C.M. POONACHA) JUDGE

PNV List No.: 1 Sl No.: 27