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CDJ 2026 Kar HC 143
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| Court : High Court of Karnataka (Circuit Bench OF Kalaburagi) |
| Case No : Writ Petition No. 200611 Of 2026 (GM-POLICE) |
| Judges: THE HONOURABLE MR. JUSTICE PRADEEP SINGH YERUR |
| Parties : Sidramayya Hiremath Versus State Of Karnataka, Department Of Home, Rep. by Its Secretary, Bnagalore & Others |
| Appearing Advocates : For the Petitioner: Manjunath S. Halawar, Advocate. For the Respondents: R1 to R3, Y.H. Vijayakumar, AAG, Mallikarjun Sahukar, AGA, R4, Mohd. Umer Junaidi, R5, P.S. Malipatil, Advocates. |
| Date of Judgment : 11-02-2026 |
| Head Note :- |
Constitution of India - Articles 226 & 227 -
Comparative Citation:
2026 KHC-K 1364,
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| Judgment :- |
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(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to allow the petitioner and other devotees of Sri Raghava Chaitanya Linga (Shivalinga) situated at Aland at Shaikh Ladle Mashaq Darga premises to perform Pooja on 15.02.2026 on the Special Festival of "Mahashivaratri" and to give Police Protection to the petitioner and other Devotees at time of performing the Pooja to Sri Raghava Chaitanya Linga (Shivalinga) situated at aland at Shaikh Ladle Mashaq Darga Premises and etc.)
Oral Order
1. This petition is filed by the petitioner seeking a direction to the respondents to allow the petitioner and other devotees of Sri Raghava Chaitanya Linga (Shivalinga) situated at Aland, at Shaikh Ladle Mashaq Durga premises, to permit to perform pooja on 15.02.2026 on the special festival of "Mahashivaratri" and to give police protection to the petitioner and other devotees at the time of performing the pooja to Sri Raghava Chaitanya Linga situated at Aland, stated hereinabove.
2. The learned Additional Advocate General along with learned Additional Government Advocate and learned counsels appearing for the other respondents including respondent No.5/Board who has been impleaded, are present.
3. The petitioner mainly relies upon his contentions that Sri Raghava Chaitanya Linga is existing for more than 400 years as Hindu saint by name Sri Raghava Chaitanya, who had come to Aland taken samadhi attained 'Linga Aikya'. Hence, the 'Shivalinga' has been installed in that period i.e., 400 years before. Till today, people of Aland and other followers of Sri Raghava Chaitanya come from various part of the country to perform pooja of the Shivalinga. The family members of the petitioner have been performing pooja without fail on several occasions on the Hindu festivals. It is the vehement contention of the learned counsel for the petitioner that in W.P.No.200497/2025, an order came to be passed on 25.02.2025 by the Co-ordinate Bench of this Court, wherein Court Commissioner was appointed, who submitted a report and based on the said report, the very same petitioner herein who was the petitioner in the aforementioned petition was permitted to visit the holy shrine and perform pooja along with 15 persons of Hindu faith. However, defendant No.1 in O.S.No.7/2022 was excluded, as the said defendant No.1 in O.S.No.7/2022, by virtue of a final order in the original suit came to be restrained from visiting the Darga or entering the Darga by way of a permanent injunction which is questioned in CRP No.200071/2024 and the same is pending adjudication without there being any interim order or stay.
4. Be that as it may, this Court while granting interim order in the earlier petition in W.P.No.200497/2025 since had granted permission to the petitioner and few other devotees, I do not find any legal impediment to grant permission to the petitioner to offer his prayers to the holy shrine situated at Shaikh Ladle Mashaq Darga, on the occasion of 'Mahashivaratri' which happens to be on 15.02.2026.
5. In view of the fact that the petitioner has not provided any details of other persons or devotees, this Court cannot grant a blanket order which can create a law and order situation in the premises. Under the circumstances, the petitioner is satisfied if he is permitted to offer his prayers in the said shrine on 15.02.2026 on 'Mahashivaratri day' from 02.00 p.m. to 06.00 p.m.
6. Learned Additional Advocate General submits that there is no bar for any of the persons of any faith from visiting shrine and many of the public from different faith having been visiting Darga which is not prohibited. However, in view of the original suit in O.S.No.7/2022 having been concluded and permanent injunction is granted against defendants No.1 therein and his henchmen from interfering with the affairs of Dargha, defendants No.1 and his henchmen cannot be permitted, but there is no bar for others to visit the holy shrine and offer poojas.
7. The jurisdictional Police shall provide necessary protection to the petitioner to perform pooja. The jurisdictional Police are at liberty to initiate any action if there is any untoward incident created either by the petitioner or by any person inimical to the Hindu faith by and on behalf of the Board or the Darga.
In view of the above, the petition stands disposed of. It is made clear this Court has not expressed any opinion with regard to the merits of the matter whether there is Mazar of Muslim faith or whether there is any Linga shrine of Hindu faith.
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