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Judgment
7 paragraphs · 375 wordsR Devdas, J
Learned Additional Government Advocate is directed to take notice for all the respondents.
The petitioner claims to be an unregistered body, constituted for taking care of the refurbishment of the temple known as 'Veeramaranna Swamy Devaru' situated at Ajjaiana Hatti Village, Kanchipura Post, Hosadurga Taluk, Chitradurga District. It is the grievance of the petitioner that the 2nd respondent-Deputy Commissioner has passed an order at Annexure-K, dated 03.02.2025, preventing the Jatra Mahotsav at the temple and its premises between 11.02.2025 to 14.02.2025.
However, learned Additional Government Advocate points out to the preamble portion of the order and submits that as recently as January, 2025 there have been clashes between two rival factions who claim to have control over the temple, which is a private temple. An original suit has been filed and is pending consideration in O.S.No.257/2019 on the file of the Civil Judge and JMFC at Hosadurga. It is stated in the order itself that they have been several such clashes between the rival factions and many persons have been grievously injured. In that view of the matter, the impugned order has been passed to ensure maintenance of peace and tranquillity in and around the temple and to prohibit animal sacrifice.
Having regard to the contents of the impugned order, if the Deputy Commissioner is of the opinion that such Jatra Mahotsava, if permitted, will become a source of further clash between the rival groups and it will destroy the peace and tranquillity of the neighbourhood, then unless both the rival factions go before the Deputy Commissioner and give undertakings that they will not in any manner cause any disruption to the jatra, the impugned order cannot be disturbed. On the other hand, if such undertaking is given, the Deputy Commissioner may reconsider the request that is made by the petitioner. Permission can be granted only if the persons who come before the authority can give assurance that they will take the responsibility of ensuring that no untoward incidents would happen if the Jatra is permitted to go on.
With these observations, the writ petition stands disposed of.
Learned Additional Government Advocate is also directed to inform the Deputy Commissioner regarding the orders passed by this Court.