M. Muttappa vs The Deputy Commissioner & Ors.

The petitioner, claiming to be the President of a private Mutt called and known as Yerritata Mutt, Kolagallu, is before this Court being aggrieved by the proceedings purportedly initiated by the respondent-Deputy Commissioner, which have culminated in the order dated 18.09.2026 produced at Annexure-A, prohibiting conducting of the 112^th Punyaradhane, Purana Vachana and Yerritata’s 13^th Punyaradhane programme.

Learned counsel for the petitioner submits that a suit in O.S.No.1/2015 was filed by certain villagers with regard to the management and administration of the said Mutt and for appointment of a Manager. The said suit came to be dismissed, upholding the contention of the Mutt. Aggrieved by the same, the villagers have preferred RFA No.100582/2022, which is pending consideration before this Court. In the said RFA, this Court has granted an interim order permitting certain devotees to construct and complete the Mahadwara and Rajagopura. He submits that the Punyaradhane is being conducted annually without any commotion or disturbance to peace and tranquility in the area.

He further submits that, during the year 2024, when the petitioner proposed to conduct a similar 110^th Punyaradhane, the similar prohibitory order was issued by the respondent-Deputy Commissioner. The petitioner had approached this Court in Writ Petition No.105421/2024, which came to be allowed, quashing the said prohibitory order and permitting the conducting of the Punyaradhane.

He further submits that there has been no untoward incident of any nature whatsoever causing disturbance to law and order or destruction of any property till date in the history of the Mutt, except for the civil dispute which is pending consideration before this Court.

He submits that, though the impugned order refers to a certain report purportedly submitted by the Superintendent of Police, Ballari, no details of such report are forthcoming in the impugned order. Therefore, he submits that the prohibitory order issued by the Deputy Commissioner is based on imaginary and illusory grounds, causing infraction of the fundamental rights of the petitioner and the devotees.

Learned AGA, who takes notice for the respondents submits that the impugned order has been issued upon the definite report issued by the Superintendent of Police, Ballari and therefore the same cannot be said to be illegal. However, he submits that the petitioner be directed to submit an undertaking to ensure smooth conduct of event without any untoward incidents and would be liable for any such untoward incidents and damages if any.

He also submits a liberty be reserved to the respondent-Authorities to take action in the event of there being any untoward incident in accordance with law. The said Submission placed on record.

Heard. Perused the records.

Admittedly, there is a civil suit pertaining to the Mutt, which is pending consideration in RFA No.100582/2022. The petitioner had, on an earlier occasion, under a similar situation, approached this Court in Writ Petition No.105421/2024, which came to be disposed of on 13.09.2024, quashing the identical prohibitory order and permitting the conduct of the Punyaradhane.

There appears to be nothing on record to indicate any prevailing situation leading to a threat to peace and tranquillity on account of the petitioner conducting such Punyaradhane. Though the impugned order refers to a report stated to have been submitted by the Superintendent of Police on 18.09.2026 in this regard, no details of the said report are forthcoming.

In view of the above, the petition is allowed.

The impugned order dated 18.09.2026 passed by the respondent No.-1, Deputy Commissioner, Ballari, produced at Annexure-A, is hereby quashed

The petitioner shall furnish an undertaking before the Deputy Commissioner, taking responsibility for abiding law and order during the conduct of the Punyaradhane and for ensuring that no untoward incident would take place.

The petitioner shall also furnish the details of the period during which the Punyaradhane is proposed to be conducted, the expected number of devotees likely to attend the programme and the security arrangements required in that regard.

The respondent-Authorities shall ensure that sufficient protection and necessary safeguards are provided during the period of conducting the Punyaradhane.

Needless to state, in the event of any untoward incident, the District Administration is at liberty to take such action as required under law.

This order shall be communicated to the concerned Deputy Commissioner of the District Administration for necessary compliance.