Disposed¶48

Sri Mallappa Chayappa Aksharad v. State of Karnataka

Karnataka HC9 Oct 2025WP/29267/2024

Case brief

AI extract

What is this about?

HC-Karnataka DB (Vibhu Bakhru, CJ and C.M. Poonacha, J), WP No. 29267 of 2024 (GM-RES), decided 09-10-2025, NC: 2025:KHC:39950-DB. Keywords: PIL, writ of mandamus, Karnataka Rajyotsava 1 November, Belagavi, Maharashtra Ekikarana Samiti (MES), Manohar Kinekar, prohibition of demonstrations/protests/rallies, blanket restraint refused, permission from authorities, law and order bandobust, Prevention of Damage to Public Property Act 1984, Articles 226 & 227 Constitution of India, petition disposed with observations.

What did the court decide?

A blanket order restraining any person from holding demonstration or protest cannot be granted. ¶41

Sri Mallappa Chayappa Aksharad Vs State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether respondent Nos. 2 and 3 should be directed to prevent respondent No.5 (Maharashtra Ekikarana Samiti) from conducting or organising any public demonstration, protest, rally or assembly on 1 November (Kannada Rajyotsava) within Belagavi Town or any other part of Karnataka. +2 more

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Court's answer

A blanket order restraining any person from holding demonstration or protest cannot be granted.

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Ratio / Principle

In the event respondent No.5 organises any protest, demonstration or rally, it must be done within the confines of law and after requisite permissions are obtained from the concerned authorities.

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Key takeaways

If any person indulges in any unlawful activity during the said period, the State shall prosecute the said person to the full extent of law.ratio¶47

Detailed headnote1 paragraphs

Public Interest Litigation under Articles 226 & 227 by a weaver/social worker seeking directions to State authorities (Principal Secretary Home; Commissioner of Police, Belagavi) to prevent respondent No.5 Maharashtra Ekikarana Samiti (MES) from holding demonstrations, protests, rallies or assemblies on 1 November (Kannada Rajyotsava) in Belagavi or elsewhere in Karnataka; further prayers for secure Rajyotsava celebrations with adequate law enforcement and for accountability under the Prevention of Damage to Public Property Act, 1984 for property damage attributable to MES. The State filed a statement of objections describing bandobust plans, CCTV/drone monitoring and police deployment; counsel assured the Court that steps would be taken to ensure no breach of law and order on 1 November 2025. Held: a blanket order restraining any person from holding demonstration or protest cannot be granted; any protest, demonstration or rally by respondent No.5 must be conducted within the confines of law and after requisite permissions; anyone indulging in unlawful activity will be prosecuted to the full extent of law. Petition disposed of with these observations.

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NC: 2025:KHC:39950-DB WP No. 29267 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF OCTOBER, 2025

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29267 OF 2024 (GM-RES)

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BETWEEN:

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SRI MALLAPPA CHAYAPPA AKSHARAD S/O CHAYAPPA AKSHARAD, AGED ABOUT 61 YEARS, OCCU: WEAVER AND SOCIAL WORKER, R/O NO.40, KALYAN NAGAR, M VADAGAON, HUKERI, BELGAUM-590005 MOB: 8050424541 PAN CARD ADJPA7381C THE PETITIONER DOES NOT HAVE AN EMAIL ID

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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(BY SRI. AMRUTHESH N P, ADVOCATE)

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AND:

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STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR ROAD, BENGALURU-560001 REP BY ITS CHIEF SECRETARY.

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…PETITIONER

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PRINCIPAL SECRETARY DEPARTMENT OF HOME, DR AMBEDKAR ROAD, VIDHANA SOUDHA,

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2 - NC: 2025:KHC:39950-DB WP No. 29267 of 2024

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HC-KAR

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BENGALURU-560001

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COMMISSIONER OF POLICE BELAGAVI CITY, BELAGAVI-560009

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DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI-590009

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MAHARASHTRA EKIKARANA SAMITI (MES) HEAD OFFICE AT B-15, SECTOR 7, SHANTI NAGAR, MIRA ROAD EAST, MIRA BHAYANDAR, MUMBAI-401107 MAHARASHTRA, REGIONAL OFFICE AT: RAMLING KHIND GALLI, NEAR GIRLS HIGH SCHOOL, BELAGAVI-590002 KARNATAKA, REPRESENTED BY ITS PRESIDENT, SRI MANOHAR KINEKAR.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R4 SRI. BHARATH. B, ADVOCATE FOR SRI. M R BIRJE, ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NOS.2 AND 3 TO PREVENT RESPONDENT NO.5 FROM CONDUCTING OR ORGANIZING ANY PUBLIC DEMONSTRATION, PROTEST, RALLY, OR ASSEMBLY ON NOVEMBER 1 (KANNADA RAJYOTSAVA) WITHIN BELAGAVI TOWN OR ANY OTHER PART OF KARNATAKA AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2025:KHC:39950-DB WP No. 29267 of 2024

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HC-KAR

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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The petitioner has filed the present Public Interest Litigation inter alia seeking several reliefs including direction be issued to respondent Nos.2 and 3 to prevent respondent No.5 from conducting or organising any public demonstration, protest, rally or assembly on 1^st November, 2025 (Kannada Rajyotsava) within Belagavi Town or in any other part of Karnataka in the interest of justice and equity. The petitioner also prays that a direction be issued to the respondents to provide secure environment for Kannada Rajyotsava celebrations across the State including deployment of necessary law enforcement to prevent and control of any unlawful gathering or hostile demonstrations on 1st November. Additionally, he prays that directions be issued to ensure that if any damage to property (public or private) is done due to the acts of respondent No.5, they be held duly accountable under the Prevention of Damage to Public Property Act, 1984.

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4 - NC: 2025:KHC:39950-DB WP No. 29267 of 2024

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HC-KAR

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2. The Government of Karnataka has filed its statement of

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objections inter alia stating as under:

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It is submitted that meetings are conducted on maintenance of Law and Order during the Rajyotsava procession and Black day of Respondent NO.5 on the 1st day of November every year. A comprehensive Bandobust plan is prepared covering the route of the procession, sensitive places in the City, vulnerable areas, Sky sentries, positioning of Striking forces at sensitive junctions/ circles etc to ensure smooth and peaceful conduct of Kannada Rajyotsav and no untoward incidents takes place. All precautionary measures including (installation of CCTV Cameras) preventive actions, warning to trouble mongers at different Police Station levels are done in advance and thereafter constantly till 1st November of late with the help of drone cameras, strict monitoring is done and there is constant alert on all the happenings in the City. Legal actions are also taken for maintenance of Law and Order. Sufficient police force is deployed as and when required to prevent any untoward incident and the directions to maintain law and order.

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Learned counsel appearing for the State assures this Court

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that necessary steps would be taken to ensure that there is no breach of law and order on account of any protest or demonstration on 1^st November, 2025.

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Essentially, a blanket order restraining any person from

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holding demonstration or protest cannot be granted. However, it is necessary to observe that in the event respondent No.5 organises

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NC: 2025:KHC:39950-DB WP No. 29267 of 2024

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HC-KAR

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any protest or demonstration or rally, the same would be done within the confines of law and after requisite permissions are obtained from the concerned authorities.

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Needless to state that if any person indulges in any unlawful activity during the said period, the State shall prosecute the said person to the full extent of law.

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The petition is disposed of with the aforesaid observations.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(C.M. POONACHA) JUDGE

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ND List No.: 1 Sl No.: 81

Sri Mallappa Chayappa Aksharad v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Mallappa Chayappa Aksharad v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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