High CourtsSingle Bench(2010) 12 KAR CK 0118

K.N. Ashwatnarayana Reddy vs The Chief Secretary Government of Karnataka, The Deputy Commissioner and The Thasildar

Karnataka High Court · Decided on 10 December 2010

HON’BLE JUDGES
Mohan Shantanagoudar, J
CASE NUMBER
Writ Petition No. 39701 of 2010

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Judgment

6 paragraphs · 185 words

Mohan Shantanagoudar, J.—Learned Government Advocate is directed to take notice for Respondents.

Heard.

2.

The apprehension of the Petitioner is that the temple situated in the property bearing No. 48/2, Kallinayakanahalli, Gowribidanur Taluk, consisting of certain idols is likely to be demolished by the Respondents without notice to the Petitioner. According to the Petitioner, he has constructed the temple in his own land.

Be that as it may, the second Respondent will serve notice on the Petitioner and proceed in accordance with law and thereafter initiate action for demolition of the temple if the temple building is liable to be demolished as per the observation of the Apex Court. Without notice to the Petitioner, temple shall not be demolished. Accordingly, the following order is made:

Respondent No. 2 is directed to initiate the action by issuing notice to the Petitioner and thereafter take action in accordance with law and keeping in mind the observations made by the apex Court on 29.9.2009 in the case of Union of India v. State of Gujarat and Ors. in SLP (Civil) No. 8519/2006.

Writ petition is disposed of accordingly.