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Judgment
Aravind Kumar, J.—Heard Sri K L Patil, learned Advocate appearing for petitioners and Smt. Vidyavati, learned AGA appearing for respondents.
Petitioners in these writ petitions are seeking for a writ of mandamus to the respondents to permit them to arrange for distribution of Annasantharpane and Teertha Prasad to the devotees from 08.04.2014 to 15.04.2014 who attend the Hanuman Jayanthi Utsav contending inter-alia that petitioners are working as President of Sri Satyabodha Pranadeva Utsava Committee and Archak of Sri Rayara Prana Devara Temple. They contend that Hanuman Temple is located at Hosayallapur, Dharwad which is in the parampara of Dwaitha Siddanth as propounded by Shri Madhwacharya of 12th Century and eversince it was established, the temple is engaged itself in the religious practice of propagation of Dwaitha Siddhanth in the whole country and main Deity of Worship is ''Hanuman", which is being worshipped in the past many years without break. It is also contended that every year, Utsav is conducted from Sri Ramanavami to Sri Hanuma Jayanti and various poojas are being conducted by the Utsav Committee and as integral part of the said celebrations, Teertha Prasad is being distributed without mixing any other political and social austerity and only religious activities are conducted. It is contended that on account of Election Code having come into force on account of Lok-sabha Elections being declared, petitioners submitted applications before respondents seeking permission to conduct Utsav between 08.04.2014 to 15.04.2014 which has been permitted except to the extent of rejecting the prayer for distribution of Annasantharpane and Teertha Prasada to the devotees vide communications dated 29.03.2014 and 03.04.2014 vide Annexures-A and B respectively. Hence, petitioners are before this Court challenging the same.
This Court, under similar circumstances in W.P. No. 104219/2014 disposed of on 28.03.2014, had permitted conducting of Jatra known as Lavanagiri Utsav-2014 whereunder similar endorsement issued to the petitioner has been held as impermissible in law and had directed the respondents herein to permit the petitioner therein to distribute food and beverages to the devotees who participate in the said Jatra.
Petitioners being similarly placed and in view of the fact that said Utsav is being conducted from several years and petitioners not carrying out any political or social activities and same being purely religious functions and also in view of the fact that respondents-authorities permitted the petitioners to conduct Utsav, petitioners cannot be restrained from distribution of food or Teertha Prasada or Annasantharpane in the said Utsav.
In that view of the matter, I proceed to pass the following order:
(1) Writ petitions are hereby allowed in part.
(2) A writ of mandamus is issued to respondents-authorities to permit petitioners for arranging Annasantharpane and Teertha Prasada to devotees from 08.04.2014 to 15.04.2014 without any interruption.
(3) However, respondents-authorities would be at liberty to monitor the said distribution either by themselves or through its agents and also through Video Surveillance Team if found necessary.
(4) Petitioners shall also ensure that no person or persons affiliated to political parties would participate in that capacity in the Ramanavami and Hanuma Jayanti Utsavs directly or indirectly to influence the voters who participate in said Utsav.
Ordered accordingly.