Karnataka High Court
The Gathic Zoroastraian vs The Deputy Commissioner on 8 July, 2020
Equivalent citations: AIRONLINE 2020 KAR 1383
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2020
BEFORE
THE HON'BLE MR.JUSTICE M.I.ARUN
WRIT PETITION NO. 31312 OF 2015 (GM-POLICE)
BETWEEN
THE GATHIC ZOROASTRIAN ANJUMAN,
BANGALORE,
A REGISTERED TRUST,
HAVING IT OFFICE AT
NO.28-6, PARSEE CEMETERY,
11TH CROSS, MALLESWARAM, VYALIKAVAL,
BANGALORE-560003.
REPRESENTED BY ITS HON. PRESIDENT
AIR VICE MARSHAL RAMYAR BATHA. ...PETITIONER
(BY SRI. J. HUDSON SAMUEL, ADVOCATE)
AND
1. THE DEPUTY COMMISSIONER,
BANGALORE DISTRICT,
D.C.BUILDING,
K.G.ROAD,
BANGALORE-560009
2. THE COMMISSIONER OF POLICE,
INFANTRY ROAD,
BANGALORE-560001
3. THE STATION HOUSE OFFICER,
VYALIKAVAL POLICE STATION,
VYALIKAVAL,
BANGALORE-560003
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4. MR.GOPAL
SON OF LATE MUNIBELLAPA
MAJOR,
GARDNER/CARETAKER
IN THE PARSEE CEMETERY
11TH CROSS MALLESWARAM,
VYALIKAVAL, BANGALORE-560003
....RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1 - R3,
SRI.SHARATH.S.GOWDA, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS TO THE R-1 TO 3 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
ANNEXURE-A, C, E & F AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY THROUGH VEDIO CONFERENCE, THE COURT MADE
THE FOLLOWING:
ORDER
The above writ petition is filed by the petitioner claiming that it is a registered Trust engaged in managing, maintaining and administrating the Parsee Aramgah (Cemetery) at Vyalikaval, Bengaluru. It further claims that various Government Orders have been passed in this regard as evidenced in Annexures - A, C, E and F to the 3 writ petition. They further contend that by virtue of the Government Orders they are entitled to manage the affairs of the cemetery. The petitioner has further contended that respondent No.4 has illegally encroached upon the portion of the cemetery and put up illegal constructions. Respondent Nos.1 to 3 have not done anything to prevent respondent No.4 from illegally utilizing a portion of the cemetery in spite of several representation. Respondent No.4 states that he has not encroached upon cemetery. Respondent Nos.1 to 3 - Government states that it would give necessary effect to Government Orders if the petitioner gives a proper representation to them. Placing the said submission on record, the writ petition is hereby allowed with the following;
ORDER The petitioner is permitted to make necessary representation to respondent No.1 within four weeks from the receipt of this order.
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Respondent No.1 is directed to initiate appropriate action to implement the various Government Orders applicable to Parsee Aramgah (Cemetery) at Vyalikaval, Bengaluru in accordance with law within eight weeks thereafter.
The respondent Nos.1 to 3 are directed to give necessary protection for the burial/cremation activities of the Parsee Community and the prayers associated with it conducted in Parsee Aramgah (Cemetery) at Vyalikaval Bengaluru in accordance with law.
If it is found that respondent No.4 has encroached upon any portion of the cemetery, the petitioner is entitled to seek his eviction in the manner known to law.
No orders to costs.
Accordingly, the writ petition is disposed of.
Sd/-
JUDGE NR/ssb