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CDJ 2026 Kar HC 475 print Preview print print
Court : High Court of Karnataka
Case No : Writ Petition No. 10181 Of 2026 (LB-BMP)
Judges: THE HONOURABLE MR. JUSTICE M.I. ARUN
Parties : Malleshwaram Brahmana Sabha Trust (R), Represented By Its Secretary, Kowshik, Bangalore Versus State Of Karnataka, By Its Chief Secretary, Bengaluru & Others
Appearing Advocates : For the Petitioner: K.N. Nitish, K.V. Narasimhan, Advocates. For the Respondents: R1, V. Spoorthi, HCGP, R2, Pawan Kumar, Advocate.
Date of Judgment : 16-04-2026
Head Note :-
Constitution of India - Articles 226 & 227 -

Comparative Citation:
2026 KHC 20737,
Judgment :-

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order / communication at Annexure-H dated 18.03.2026 issued by the Respondent No.4 bearing HI.SA.THO.NI (PA-2)/Pr/67/2025-26 and etc.,)

Oral Order

1. The petitioner is a Trust. It sought the permission of respondent Nos.2 to 4 to conduct a function on the revered Acharya Shankaracharya, in the light of Sri Shankaracharya Jayanthi being celebrated in the country on 21.04.2026, at Yoga Auditorium in Sankey Tank Park. The said request has been turned down by respondent No.4 on the ground that the auditorium cannot be utilized for Dharmic activities. Aggrieved by the same, the present writ petition is filed.

2. The case of the petitioner is that there are no rules and regulations framed as to what are the activities that can be conducted in the concerned auditorium and that the State has been permitting certain activities in the auditorium and its institutions. It is further submitted that the said auditorium is also allotted to private individuals for conducting programs. In this regard, the petitioner has produced material evidencing that concerts and other programs organized by private organizations have been permitted to be held in the said premises.

3. The learned counsel appearing for respondent Nos.2 to 5, upon instructions, submits that the auditorium is generally not given for religious and Political activities. However, he is unable to contravene the aforementioned submissions made by the learned counsel for the petitioner. He, however, submits that the said auditorium is a yoga center and if it were to be for any yoga related activities, permission would have been granted.

4. The learned counsel appearing for respondent Nos. 2 to 5 is unable to produce any guidelines or regulations stipulating the purposes for which the auditorium can be utilized. Though it is contented that the auditorium is meant for promoting yoga activities, it is seen from the past usage that activities which does not pertain to yoga were also permitted in the auditorium. However, as already stated above, no regulation or decision by the Government which bans conduct of Dharmic activities in the auditorium is produced by the respondents.

5. Shankaracharya is one of the most revered Acharyas of India and the Advaita philosophy propagated by him is one of the foremost philosophical traditions of the country. Sri.Shankaracharya Jayanthi celebration under the circumstances has to be considered both Dharmic as well as cultural. Though India is a secular country, it does not mean that the Dharmic and cultural activities in the country cannot be entertained.

6. In fact, the greatness of Indian Civilization is intertwined with its Dharmic and cultural activities and removing it amounts to removing the soul from the country. The Constitution of India itself contains pictures of seal from the India civilization, a Gurukul - an integral part of the Indian Education System, Ramayana, Bhagavad Gita, Gautama Buddha, Mahavira Swami and the like. Thus, the celebration of Indian culture, which is intertwined with Dharma, can never be considered as illegal or unconstitutional. In fact, the goodness in the same has to be actively promoted for the betterment of society.

7. Under the circumstances, the impugned endorsement issued by respondent No.4 without there being any prohibition in terms of the Government policy or law is liable to be set aside. What is not prohibited is permitted.

8. Under the circumstances, the impugned order has to be considered unreasonable and arbitrary. Of course, the petitioner cannot, as a matter of right, claim the place should be given to them for celebration of Sri Shankaracharya Jayanthi. The petitioner has no vested right in this regard. Nevertheless, if the petitioner satisfies other criteria and if the auditorium is available, then in that event, the respondents are required to consider the request of the petitioner in accordance with law. Hence, the following:

ORDER

          i. The impugned endorsement dated 18.03.2026 issued by respondent No.4 (vide Annexure-H to the writ petition) is hereby set aside.

          ii. Respondent Nos.2 to 5 are directed to consider the request of the petitioner and take a decision in this regard within a period of five (05) days from the date of receipt of certified copy of this order.

          iii. The Writ Petition stands disposed of accordingly.

 
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