IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS. 29475/2015 AND 29549-550/2015 (GM-R/C) BETWEEN 1. K B GOPALAKRISHNA SHERIGAR S/O ANNAPPA SHERIGAR, AGED 78 YEARS HEREDITARY TRUSTEE SRI MARIYAMMA TEMPLE, KARKALA, UDUPI DIST. PIN-574104.
2. K. SURESH HAVALDAR S/O LATE K. HARISHCHANDRA HAVALDAR, AGED 63 YEARS, HEREDITARY TRUSTEE SRI MARIYAMMA TEMPLE, KARKALA, UDUPI DIST. PIN-574104.
3. RAGHAVENDRA K.J S/O VENKATAKRISHNA SHERIGARA, AGED 39 YEARS, HEREDITARY TRUSTEE SRI MARIYAMMA TEMPLE KARKALA, UDUPI DIST. PIN-574104.
... PETITIONERS (BY SRI. M E NAGESH, ADV.) AND 1. THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, MALEMAHADESHWARA BUILDING, ALUR VENKATARAO ROAD, CHAMARAJPET, BENGALURU-19.
2. THE DEPUTY COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, RAJATHADRI, UDUPI-576 104.
(BY SRI. V. SHIVAREDDY, HCGP FOR R1 & R2) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION ISSUED BY THE R-1 COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE INSTITUTIONS DTD 23.06.2015 SO FAR IT RELATES TO SL.NO.85 AS PER ANNX-F.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. M. E. Nagesh, learned counsel for the petitioners. Sri. V. Shivareddy, learned High Court Government Pleader for respondents.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners seek writ of certiorari for quashing the notification dated 23.06.2015 insofar as it relates to Sl.No.85.
3. When the matter was taken up today, learned counsel for the petitioners submitted that by the aforesaid notification, applications were invited for appointment of trustees. It is further submitted that a Bench of this Court has granted an ad-interim order dated 17.07.2015 staying the operation and effect of the notification insofar as it pertains to the claim relating to the temple indicated at Sl.No.85 of the impugned order. He further submitted that in view of the ad-interim order dated 17.07.2015, no action would be taken in pursuance of the impugned order dated 23.06.2015.
4. In view of the aforesaid submission, impugned order dated 23.06.2015 insofar as it pertains to the temple in question mentioned at Sl. No.85 is hereby quashed. Needless to state that petitioners are at liberty to take recourse to such remedy as may be available to them in law with regard to their grievance, if it still survives.
With the aforesaid liberty, the writ petitions are disposed of.
Sd/- JUDGE VP