Disposed

Sri Prashanth Rao v. the Secretary the Rama Mandira Trust

Karnataka HC27 Sept 2021WP/4145/2020

Case brief

AI extract

What is this about?

Upon a petition alleging noise pollution and footpath encroachment by a temple trust where the petitioner had previously approached the Supreme Court, the Acting Chief Justice dismissed the writ petition due to violation of the principle against parallel proceedings, granting liberty to revive if the Supreme Court petition is withdrawn.

What did the court decide?

Writ petition dismissed with liberty to revive if the Supreme Court petition is withdrawn.

Sri Prashanth Rao Vs the Secretary the Rama Mandira Trust — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.4145/2020 (GM-RES-PIL)

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BETWEEN

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SRI PRASHANTH RAO AGED ABOUT 44 YEARS, S/O GOVIND RAO 47/A, FIRST BLOCK, FIRST MAIN, THYAGARAJANAGAR BENGALURU-560 028

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... PETITIONER

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(BY SRI PRASHANTH RAO, PARTY-IN-PERSON)

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AND:

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1 . THE SECRETARY THE RAMA MANDIRA TRUST FIRST MAIN ROAD, NARASIMHA RAJA COLONY WARD 154, NEXT TO OFFICE OF THE BBMP WARD 154 BENGALURU-560 019 CONTACT PHONE NUMBER 080-26622231

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2 . THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN NO.49, 4^TH AND 5^TH FLOOR CHURCH STREET, BENGALURU-560 001 080-25581383 EMAIL ID:[email protected]

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3 . THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE NR SQUARE, HUDSON CIRCLE, BENGALURU-560 001 EAMIL ID [email protected] PHONE 080-22237455/22221286

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4 . THE COMMISSIONER OF POLICE INFANTRY ROD, BENGALURU-560 001 EMAIL ID [email protected] PHONE 080 22942222

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5 . IGP AND ADDITIONAL COMMISSIONER OF POLICE (TRAFFIC) NO.5, 2^ND FLOOR, TRAFFIC HEAD QUARTERS INFANTRY ROAD, BENGALURU-560 001 EMAIL ID [email protected] CONTACT PHONE NUMBER 2286222/229422

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... RESPONDENTS

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(BY SRI GURURAJ JOSHI, ADV. FOR R2 SRI V.SREENIDHI, ADV. FOR R3 SRI VIJAYKUMAR A.PATIL, AGA FOR R4, R5 R-1 V/O DATED 12/8/2021 DEEMED TO HAVE BEEN SERVED WITH NOTICE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PROHIBIT PUTTING OF STRUCTURES ON THE NARROW NARSIMHA RAJ COLONY MAIN ROAD IN WARD-154 – BASAVANAGUDI CONSTITUENCY FOR THE COMMUNITY AFFAIR ON ANY SUCH EVENTS BY R-1 AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

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ORDER

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The party in person has filed the present petition as a Public Interest Litigation (PIL). Paragraph No.6 of the writ petition reads as under:

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"Marked Annexure A and Annexure A1 is the congested street where the petitioner resides. The petitioner had complained to the State of Karnataka for stopping the noise pollution caused by Panduranga devalaya located on thyagarajanagar first main road. Till date there is no action against Panduranga devalaya who has placed loud speaker equipment and dol drums on the footpath-footway. The petitioner has even raised a grievance with the Supreme Court of India to relocate Panduranga temple by Diary number 56740/SCI/PIL(E)2019. The footpath-footway encroachment made by Panduranga association is still not removed."

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Meaning thereby, the petitioner has raised grievance before the Hon'ble Supreme Court in this regard and he cannot be permitted to carry on parallel proceedings before this Court as well as before the Hon'ble Supreme Court. The petition is therefore disposed of with a liberty

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that in case the petition before the Hon'ble Supreme Court is withdrawn by the petitioner, he shall be free to revive the present writ petition.

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Pending IAs., if any, stand disposed of.

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SD/ACTING CHIEF JUSTICE

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SD/JUDGE

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Sri Prashanth Rao v. the Secretary the Rama Mandira Trust

Case brief

What is this about?

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Sri Prashanth Rao v. the Secretary the Rama Mandira Trust

Case brief

What is this about?

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