Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ. and Sachin Shankar Magadum J. allowed the petition and quashed the orders passed by the State Govbernment dated 03-03-2017 and the order dated 28-08-2017 of Mysuru Mahanagara Palike.
The facts of the case are such that the 1st petitioner is an All India Trust and 2nd petitioner is the State level Trust, involved in the work of social economic upliftment of the people belonging to backward and downtrodden community having grievance that inspite of the order passed by the Hon’ble Supreme Court on 18-01-2013 in SLP No. 8519/2009 is being installed the statue of Sri Shivratri Rajendra Mahaswamy at Gun House Circle, which is on the main road. A request was made initially for installing the statue of Sri Srikantadatta Narasimha Wodeyar to the District Urban Development Cell and the same was rejected citing the judgment of the Supreme Court (supra) and yet the permission was granted to install the statue of Sri. Shivrathri Rajendra Swamiji.
The Court relied on the Supreme Court judgment which reads as under:
“….we direct that the status-quo as obtaining today, shall be maintained in all respects by all concerned with regard to the Triangle Island where statue of late Shri. N. Sundaran Nadar has been permitted to be sanctioned. We further direct that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public street lights or construction relating to electrification, traffic, toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities.”
The Court thus observed that Supreme Court has categorically directed the State Governments not to grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places and therefore on account of the order passed by the Supreme Court, the question of permitting the State Government and Mysuru Mahanagar Palike to install the statue does not arise.
The Court thus held “neither the petitioners nor any one can install the statue on the island which is on the road (circle which is on the road) keeping in view the judgment delivered by the Supreme Court”
[Akhila Bharata Kshatriya Mahasabha v. State of Karnataka, Writ petition No. 49960 of 2017, decided on 07-09-2021]
Arunima Bose, Editorial Assistant has reported this brief.
Appearances
For Petitioners: Mr. Sampath and Mr. Puneeth K
For State: Mr. Vijayakumar A Patil For R 1
Mr. Mohan Bhat for R2
Mr. Vinayaka B. for impleading R3
Mrs. Anjana C H for impleading R4
Mr. Amrutesh N P for impleading R 5
Mr. Sreenidhi V for respondents