Karnataka High Court
Gopal M @ Gopal Krishna M vs The Gathic Zoroastrian Anjuman on 22 December, 2021
Author: Ritu Raj Awasthi
Bench: Ritu Raj Awasthi
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
WRIT APPEAL NO.1161 OF 2021 (GM-POLICE)
BETWEEN:
GOPAL M @ GOPAL KRISHNA M
S/O LATE MUNIBYLLAPA
AGED ABOUT 46 YEARS
CIVIL CONTRACTOR
7TH CROSS, NEAR PARSEE CEMETERY
MALLESWARAM 11TH CROSS
BENGALURU - 560 003
... APPELLANT
(BY SRI SANGAMESH.R.B, ADVOCATE)
AND:
1. THE GATHIC ZOROASTRIAN ANJUMAN,
BENGALURU, A REGISTERED TRUST,
HAVING ITS OFFICE AT
NO.28-6, PARSEE CEMETERY,
11TH CROSS, MALLESWARAM, VYALIKAVAL,
BANGALORE-560003.
REPRESENTED BY ITS PRESIDENT
AIR VICE MARSHAL RAMYAR BATHA.
2. THE DEPUTY COMMISSIONER,
BENGALURU DISTRICT,
D.C.BUILDING, K.G.ROAD,
BENGALURU-560 009
3. THE COMMISSIONER OF POLICE,
INFANTRY ROAD,
BENGALURU-560 001
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4. STATION HOUSE OFFICER,
VYALIKAVAL POLICE STATION,
VYALIKAVAL,
BENGALURU-560 003
... RESPONDENTS
(BY SRI S.S.MAHENDRA, AGA FOR R2 TO 4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (1) ALLOW
THE APPEAL & (2) SET ASIDE THE IMPUGNED ORDER DATED
08.07.2020 PASSED IN W.P.NO.31312/2015 ON THE FILE OF
LEARNED SINGLE JUDGE AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel for the appellant.
2. This writ appeal has been filed challenging the order dated 08.07.2020 passed in W.P.No.31312/2015 (GM-POLICE).
3. Learned counsel for the appellant submits that respondent No.1 has filed the said writ petition seeking a direction to the Authorities to recognize and give effect to various Government Orders commencing from the proceedings of the Government of His Highness, The Maharaja of Mysore in November 1892 and on subsequent dates as evidenced in Annexures-A, C, E and F. It is also pleaded that the Authorities shall render necessary protection to the petitioner/Parsee Community in respect of their cemetery, the prayer hall and other structures -3- situated at No.28-6, Parsee Cemetery, 11th Cross Malleswaram, Vyalikaval, Bengaluru. It is submitted that the writ Court has issued certain directions. On the pretext of that directions, respondent No.1 wants to evict the appellant from the property which belongs to the appellant and is not part of the cemetery. It is submitted that Contempt Proceedings have been drawn and on the basis of the orders passed by the Contempt Court, the Authorities are going to evict the appellant. Learned counsel further submits that the appellant has filed a suit for injunction which is pending before the Competent Court and in the proceedings before the Court concerned in the pending suit, the order passed by the learned Single Judge may not be treated as against the appellant.
4. We have considered the submissions made by the learned counsel for the appellant and gone through the record.
5. We have given considered look to the order of the learned Single Judge which is under challenge in the instant appeal.
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6. We do not find any adverse direction issued for eviction of the appellant by the writ Court. It is observed by the writ Court that if it is found that the appellant (respondent No.4 in writ petition) has encroached upon any portion of the cemetery, respondent No.1 (petitioner in writ petition) is entitled to seek his eviction in the manner known to law. No positive direction for eviction of the appellant has been issued by the writ Court, as such, the order passed by the writ Court cannot be treated against the appellant in any manner.
7. With these observations, the appeal stands dismissed.
8. The pending interlocutory applications stand disposed of.
Sd-
CHIEF JUSTICE Sd-
JUDGE VM