IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13422 OF 2017 (GM-TEN) BETWEEN:
C. Manjunath S/o Late. Sri. C. H. Chikkahanumayya, Aged about 39 years, No.291, Lakshmi Vilas Road, Devaraaja Mohalla, Near Jaghanmohana Palace, Mysuru-570 024 (By Smt. Jyothi B. Kangokar, Advocate) AND:
1. Executive Officer, Office of Executive Officer, Dharmika Datti Department, Sri. Chamundeshwari Devastana, Chamundi Betta, Mysuru-570 010.
2. Deputy Commissioner, Office of President, Hindu Religious and Charitable Endowments Muzarai Temples Administrative Committee, Deputy Commissioner’s Office, Mysuru-570 001.
… Petitioner 3. Sri. Lakshmi Ramana Temple, Mysuru Palace, Mysuru-570 010.
Represented by its Executive Officer.
4. Hindu Religious and Charitable Endowments in Karnataka, Chamarajpet, Bengaluru-560 018. Represented by its Member Secretary and Commissioner.
5. The Secretary to Government Revenue Department (Mujarai) Government of Karnataka M. S. Building Dr. Ambedkar Veedhi Bengaluru-560 001.
… Respondents (By Smt. Jayshree Sridhar, Advocate for R1 and R3; Sri. Vijay Kumar A. Patil, AGA for R2, R4 and R5).
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent Nos.1 and 2 to consider the representation at Annexures-G and H dated 16.03.2017 submitted by the petitioner and etc.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER Smt. Jyothi B. Kangokar, learned counsel for the petitioner.
Smt. Jayshree Sridhar, learned counsel for respondent Nos.1 and 3.
Sri. Vijay Kumar A. Patil, learned AGA for respondent Nos.2, 4 and 5.
Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, petitioner has prayed for the following reliefs:
a) Issue a writ of mandamus directing the respondent Nos.1 and 2 to consider the representation at Annexures G and H dated 16.03.2017 submitted by the petitioner in the interest of justice and equity;
b) In the alternative, direct the respondents to call for fresh tender with respect to the preparation and sale of prasadam in respondent No.3- Temple in the interest of justice and equity;
c) Direct the respondents to permit the petitioner to continue the preparation and sale of prasadam in respondent No.3-Temple pursuant to the order No.S.C.T 1 CR.5/2015-16 dated 31.03.2016 at Annexure-C till the fresh tender with respect to the preparation and sale of prasadam in Respondent No.3-Temple is invited, accepted and finalized;
d) Pass such other order or orders as this Hon’ble Court may deem it proper to pass including the costs of these proceedings, in the interest of justice.”
3. When the matter was taken up today, learned counsel for respondent Nos.1 and 2 submitted that representations submitted by the petitioner contained in Annexures-G and H shall be decided by them in accordance with law.
4. In view of the aforesaid submission, respondent Nos.1 and 2 are directed to decide the representations submitted by the petitioner dated 16.03.2017 contained in Annexures-G and H, if not already decided, by a speaking order within a period of two weeks from today.
5. In response to prayer No.2, respondent Nos.1 and 3 submitted that suitable action shall be taken for issuance of fresh tenders.
6. In view of the aforesaid submission, learned counsel for petitioner submits that petitioner be permitted to continue the preparation and sale of ‘prasadam’ in respondent No.3-Temple in pursuance of Notice Inviting Tender.
7. This Court while entertaining this petition, on 05.09.2017 had permitted the petitioner to continue to prepare the ‘prasadam’ till the tender process is initiated. By virtue of the interim order, the petitioner has continued to prepare and sell the ‘prasadam’.
8. In the above facts and circumstances, I deem it appropriate to dispose of the writ petition with a liberty to respondent Nos.1 and 3 to issue fresh tender and till the fresh tender is issued, petitioner shall be permitted to continue to prepare ‘prasadam’ in the premises of the Temple of respondent No.3 and respondent Nos.1 and 3 shall decide the representations submitted by the petitioner within a period of two weeks from today.
Accordingly, writ petition is disposed of.
Sd/- JUDGE Mds/-