IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.40549/2013 & 40978/2013 (GM - R/C) BETWEEN 1. THE COMMITTEE OF MANAGEMENT, SRI CHOUDESHWARI TEMPLE, HEGGADDE VILLAGE, SAKALESHPURA TQ., HASSAN DISTRICT-573134, REP. BY THE PRESIDENT, SRI M.K.NAGARAJ.
2. SRI DAMODARA D.M. AGED 42 YEARS, S/O MONAPPA GOWDA, SIRIBAGILU VILLAGE, PUTTUR TALUK, D.K.DISTRICT-574 229. ... PETITIONERS (BY SRI K.N.PRAVEEN KUMAR, ADV. FOR SRI MOHAMMED AKHIL, ADV.) AND THE ZILLA DHARMIKA PARISHAT, REP BY DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPT., HASSAN DISTRICT. ... RESPONDENT (BY MISS SADHANA DESAI, ADV. FOR SRI B S SACHIN, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.8.13 PASSED BY THE RESPONDENT VIDE ANNX-A ETC.
THESE WRIT PETITIONS COMING ON FOR “PRELIMINARY HEARING IN ‘B’ GROUP”, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri K.N.Praveen Kumar, Advocate for Sri Mohammed Akhil, Advocate for petitioner.
Ms.Sadhana Desai, Advocate for Sri B.S.Sachin, Advocate for respondent.
This petition is admitted for hearing. With the consent of learned Counsel for the petitioner, the same is heard finally.
2. In this petition under Article 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 24.8.2013 passed by the Zilla Dharmik Parishath by which the committee of management of Temple of the petitioner has been dissolved.
3. When the matter was taken up, learned counsel for the respondent submitted that the petitioners have remedy of filing an appeal under Section 63-A of Karnataka Hindu Religious Institutions and Charitable Endowments Act,1997.
4. In view of the aforesaid submission, learned counsel for the petitioners submits that he may be given an opportunity to take recourse to the remedy of filing an appeal.
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioner to resort to the remedy of appeal under Section 63-A of Karnataka Hindu Religious Institutions and Charitable Endowments Act,1997.
6. Needless to state, in case the petitioner avails the said remedy within four weeks from the date of receipt of a certified copy of this order, the appellate authority shall decide the appeal within six weeks from then by a speaking order in accordance with law.
7. Till the appeal is filed by the petitioners, ad interim order granted by a Bench of this Court on 13.9.2013 shall continue. It is made clear that this Court has not expressed any opinion on the merits of the case.
The writ petition is disposed of accordingly.
Sd/- JUDGE Sk/- CT-HR