Karnataka High Court
Dr. Gopal S/O Narasimha Dhabade vs State Of Karnataka on 14 March, 2023
-1-
WP No. 107168 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 107168 OF 2018 (GM-RES)
BETWEEN:
1. DR. GOPAL S/O NARASIMHA DHABADE
AGE: 63 YEARS, OCC: MEDICAL DOCTOR,
H.NO.57, TEJASI NAGAR, DHARWAD-580002.
2. ANAND S/O VITHAL KULKARNI
AGE: 57 YEARS, OCC: PVT. SERVICE,
H.NO.98, PANCHAVATI, TEJASWI NAGAR,
DHARWAD-580002.
...PETITIONERS
(BY SRI. ANOOP G DESHPANDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
HOME DEPARTMENT, M.S. BUILDING,
DR.AMBEDKAR VEEDHI,
JAGADISH BENGLAURU-560001.
TR
2. DEPUTY COMMISSIONER
Digitally signed by
JAGADISH T R
Location: High Court of
DHARWAD DISTRICT,
Karnataka, Dharwad
Date: 2023.03.20
12:00:26 +0530
DHARWAD.
3. DEPUTY COMMISSIONER OF POLICE
(LAW AND ORDER),
HUBBALLI-DHARWAD,
NAVANAGAR, HUBBALLI.
4. POLICE INSPECTOR
VIDYAGIRI POLICE STATION,
SARASWATPUR, DHARWAD-580004.
5. M G MISBAHI MAKKA MASJID
KALAGHATAGI ROAD,
-2-
WP No. 107168 of 2018
TEJASWI NAGAR, DHARWAD-580002,
REPRESENTED BY ITS MUTAVALLI.
6. MASJID-E-YUSUFIA
AROGYA NAGAR, TEJASWI NAGAR,
DHARWAD-580002,
REP. BY ITS MUTAVALLI.
7. AHELE SUNNATYAL JAMAT
ATTIKOLLA MASJID,
NEAR RAILWAY STATION,
DHARWAD-580007,
REPRESENTED BY ITS MUTAVALLI.
...RESPONDENTS
(BY SRI. PRASHANT V MOGALI, HCGP FOR R1 TO R4)
(SRI. A.A.PATHAN, ADVOCATE FOR R5 TO R7)
THIS WRIT PETITION IS FILED PRAYING TO ISSUE A WRIT
OF MANDAMUS OR ANY APPROPRIATE WRIT OR ORDER
DIRECTING THE 4TH RESPONDENT TO CONSIDER THE
REPRESENTATION DATED:29.08.2018 AS PER ANNEXURE-N AND
TO TAKE APPROPRIATE ACTION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The captioned writ petition is filed by the petitioners feeling aggrieved by inaction on the part of respondent No.4 in not taking appropriate action pursuant to the complaint lodged by the petitioners.
2. Grievance of the petitioners is that respondents No.5 to 7 are using loud speakers without securing -3- WP No. 107168 of 2018 permission from the concerned authority. Therefore, representation dated 29.08.2018 is submitted to respondent No.4 to take action against respondents No.5 to 7 for usage of loud speakers without obtaining valid permission.
3. Sri. A.A. Pathan, learned counsel for respondents No.5 to 7, however, would bring to the notice of the Court that respondents No.5 to 7 have secured permission from the concerned authority in 2022.
4. Learned HCGP on instructions would submit to this Court that pursuant to receipt of the representation dated 29.08.2018, the respondents authorities have issued notice to respondents No.5 to 7 calling upon them to offer explanation in regard to the complaint lodged by the petitioners.
5. If the concerned authorities have issued show-cause notice, this Court is of the considered view that this writ petition does not survive for consideration. However, respondents authorities have ensured that after -4- WP No. 107168 of 2018 affording opportunity to respondents No.5 to 7, they shall take appropriate action and see that noise pollution control measure as laid down by the State is strictly complied. While examining the complaint lodged by the petitioners, the concerned authorities shall also take cognizance of the Circular issued by the State Government dated 10.05.2022 in the light of direction issued by the Hon'ble Apex Court in WP(Civil) No.72/1998, wherein the Hon'ble Apex Court has issued certain directions. It would be useful for this Court to cull out the following directions issued by the Hon'ble Apex Court in the case stated supra:
a) The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10dB(A) above the ambient noise standards for the area or 75 dB(A) whichever
b) No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night between 10.00 p.m. and 6 a.m.) except in the public emergencies.-5- WP No. 107168 of 2018
c) The peripheral noise level of privately owned sound system shall not exceed by more than 5 dB(A) than the ambient air quality standard specified for the area in which it is used, at the boundary of the private place.
d) Vehicular Noise: No horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in residential areas except in exceptional circumstances.
6. Though the Deputy Commissioner of Police and the concerned jurisdictional Police are arrayed as party to the captioned writ petition, the Commissioner of Police, Hubballi-Dharwad shall look into the matter and take appropriate steps bearing in mind the directions issued by the Hon'ble Apex Court, which is culled out supra. The jurisdictional Police Inspector/respondent No.4 shall forthwith communicate this order to the Commissioner of Police, Hubballi-Dharwad within a period of two weeks from the date of receipt of certified copy of this order. On receipt of copy of this order, the Commissioner of Police, -6- WP No. 107168 of 2018 shall look into the matter and take appropriate action after affording opportunity to respondents No.5 to 7.
7. With the aforesaid observations, the writ petition stands allowed.
SD/-
JUDGE JTR List No.: 1 Sl No.: 29