Karnataka High Court
Rajendra Kondaguli And Ors vs The State Of Karnataka And Ors on 24 June, 2024
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NC: 2024:KHC-K:4206
WP No. 205405 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
WRIT PETITION NO.205405 OF 2019 (GM-RES)
BETWEEN:
1. RAJENDRA KONDAGULI S/O RAVATAPPA,
AGE: 63 YEARS, OCC: RETIRED EMPLOYEE,
R/O SUBHAS HOUSING COLONY,
NEAR GOLGUMBAZ, VIJAYAPUR-586 104.
2. PULKESHI CHOUDARY
S/O KENCHAPPA, AGE:61 YEARS,
OCC: RETIRED EMPLOYEE,
R/O SHIKARKHANA ROAD,
VIJAYAPURA-586 104.
3. VIJAYAKUMAR IJARE S/O DUNDAPPA,
AGE: 69 YEARS, OCC: BUSINESS,
Digitally signed R/O NEAR GOLGUMBAZ,
by RENUKA VIJAYAPURA-586 104.
Location: High
Court Of 4. SMT. GOWRAMMA REDDY
Karnataka
W/O BASALINGAPPA,
AGE: 62 YEARS, OCC: HOUSEHOLD,
R/O SHIKARKHANA ROAD,
VIJAYAPURA-586 104.
5. SHIVANNA BINJAR BAVI S/O TIPPANNA,
AGE: 63 YEARS, OCC: CONTRACTOR,
R/O MUKUND NAGAR, STATION ROAD,
VIJAYAPURA-586 101.
...PETITIONERS
(BY SRI. MAHANTESH PATIL, ADVOCATE)
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NC: 2024:KHC-K:4206
WP No. 205405 of 2019
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING, BANGALORE-02
2. ARCHEOLOGICAL SURVEY OF INDIA,
24 TILAK MARG, NEW DELHI-01
BY ITS DIRECTOR GENERAL.
3. DEPUTY COMMISSIONER,
OFFICE OF DEPUTY COMMISSIONER,
VIJAYAPURA DISTRICT,
VIJAYAPURA-586 101.
4. DEPUTY SUPERINTENDING ARCHEOLOGIST,
ARCHEOLOGICAL SURVEY OF INDIA,
24 TILAK MARG, NEW DELHI-01.
5. THE REGIONAL DIRECTOR,
SOUTH ZONE, A.S.I. KSIMC BUILDING,
INDUSTRIAL ESTATE, RAJAJINAGAR,
BANGALORE-560 010.
6. THE UNION OF INDIA,
MINISTRY OF CULTURE,
24 TILAK MARG, NEW DELHI-01.
...RESPONDENTS
(SMT. AARTI PATIL, HCGP FOR R1 & R3;
SRI. SUDHIRSINGH R. VIJAPAR, DSGI FOR R2, R4 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE
CONDITION NO.2, 3, AND 5 IN THE LETTER/ORDER BEARING
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NC: 2024:KHC-K:4206
WP No. 205405 of 2019
NO.F.37/70/2017-M DATED 04.06.2019 PRODUCED AT
ND
ANNEXURE-B PASSED BY THE 2 RESPONDENT.
THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have all challenged a notification dated 04.06.2019 issued by respondent No.2, by which, it prescribed a pass for morning walkers at ASI protected monuments.
2. The petitioners submit that they are all residents of Vijayapura City and go for morning walk at the Golgumbaz, which is a protected monument. The respondents charged a fee of Rs.35/- per annum from the morning walkers, which was paid by the petitioners. Later, respondent No.2 issued a notification dated 04.06.2019 bearing No.F.37/70/2017-M, prescribing a sum of Rs.300/- per month for the morning walkers at the monuments under Schedule II B and Rs.600/- per month at the monuments under Schedule II A and also required that the morning walkers should obtain required police verification. -4-
NC: 2024:KHC-K:4206 WP No. 205405 of 2019 The petitioners are therefore before this Court, challenging the aforesaid on the ground that they are all law abiding citizens and that they have been granted permission to walk in the morning at Golgumbaz site. The petitioners claim that they cannot be compelled to obtain police verification every time a pass is issued.
3. During the pendency of this petition, respondent No.2 has modified the notification dated 04.06.2019, which reads as follows:
"In partial modification of the earlier communication issued under letter No. F 37/70/2017-M dated 4th June, 2019. I am directed to communicate revised rates to be adopted for issuing of passes for morning walkers at ASI protected monuments.
1. Fees for issue of pass to morning walkers shall be charged Rs.100/- (Rupees One Hundred only) for the monument listed under Part-I of the Second Schedule of AMASR Rules, 1959 (World Heritage Monuments).
2. Fees for issue of pass to morning walkers shall be charged Rs.50/- (Rupees Fifty Rupees only) for the monument listed under Part-II of Second -5- NC: 2024:KHC-K:4206 WP No. 205405 of 2019 Schedule of AMASR Rules, 1959 (Other Ticketed Monuments).
3. The time allowed for morning walkers shall be from 06.00 hrs to 07.30 hrs or 1.30 hours from opening of the monument, as the case may be.
4. In case of overstay, the applicable entry fee for that monument, shall be charged from the morning walker.
5. In case of violation more than 3 times a month, the pass may be withdrawn.
The other conditions as mentioned in earlier letter No. F 37/70/2017-M dated 4th June, 2019 would continue."
4. It is seen that by virtue of the modification of the earlier notification dated 04.06.2019, the fee prescribed is now reduced to a sum of Rs.100/- for those monuments which are listed under Part-I of the Second Schedule and Rs.50/- in respect of those monuments which are listed under Part-II of the Second Schedule of AMASR Rules, 1959. However, it shows that other conditions as mentioned in the notification dated 04.06.2019 would continue. The respondent No.2 by a -6- NC: 2024:KHC-K:4206 WP No. 205405 of 2019 subsequent letter dated 25.12.2023 addressed to all Superintending Archeologists in the Country has relaxed the requirement of obtaining police verification to access the ASI protected monuments. However, it has stated that any Government authorized/accepted documents/ID such as Aadhar, Pan Card, Driving Licence can be considered for issuing the pass. Therefore, once a pass is issued to persons who desire to walk in the morning at the monuments, they are exempt from producing the aforesaid documents and persons such as the petitioners are entitled to walk in the morning at the monument sites. This is however, subject to the condition that such morning walkers shall walk for 1.30 hours in the site between 6.00 a.m. to 7.30 p.m. from opening of the monument and any person who overstays shall be bound to pay the regular fee payable by a visitor. If a morning walker violates the aforesaid more than three times a month, the pass may be withdrawn.
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NC: 2024:KHC-K:4206 WP No. 205405 of 2019
5. In view of the above, since the notification dated 04.06.2019 is modified by a subsequent notification bearing No.F.19038/84/2019-M dated 23.07.2019, the writ petition is disposed off on the above terms. The respondent No.5 is directed to display the notification dated 23.07.2019 and the letter dated 25/26.12.2023 referred above at the monument site for information to the morning walkers.
Sd/-
JUDGE LG List No.: 1 Sl No.: 35