IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50772 OF 2016 (GM-R/C) AND WRIT PETITION NO.53531 OF 2016 (GM-R/C) BETWEEN:
1. MANGALDI MUTT (SRI MANGALA MAHALAKSHMI TEMPLE) PALLI POST, KARKALA TALUK, UDUPI DISTRICT-574 104, REP. BY ITS HEREDITARY MANAGER SRI PRADEEPKUMAR HEGDE.
2. SRI PRADEEPKUMAR HEGDE S/O B. ANANTHAPADMANABHA HEDGE, AGED ABOUT 56 YEARS, R/AT NO.58/3, HOSUR ROAD, MADIWALA, BENGALURU-560 068.
… PETITIONERS (BY SRI K. SHASHI KIRAN SHETTY, SR. COUNSEL FOR SRI KIRAN.J., ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE, RELIGIOUS AND CHARITABLE ENDOWMENT, MULTISTOREYED BUILDING, VIDHANA VEEDHI, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA, UDUPI, UDUPI DISTRICT-574 104.
3. THE ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA, UDUPI, UDUPI DISTRICT-574 104.
4. THE PRESIDENT RAJYA DHARMIK PARISHATH, BENGALURU, MALEMAHADESHWARA BHAVAN, ALUR VENKATA RAO ROAD, CHAMARAJPETE, BENGALURU-560 018.
5. THE PRESIDENT ZILLA DHARMIK PARISHATH, UDUPI SUB DIVISION, UDUPI DISTRICT-574 104.
6. THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA BENGALURU-560 001.
… RESPONDENTS (BY SRI V. SHIVAREDDY, HCGP. FOR R1 TO R3 AND R6.
R4 & R5 SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DTD 19.07.2006 ANNX-A ISSUED BY THE R-3 IN SO FAR AS CALLING FOR THE APPLICATIONS FOR THE APPOINTMENT OF THE MEMBERS OF COMMITTEE OF MANAGEMENT FOR SRI MANGALA MAHALAKSHMI TEMPLE (MANGALDI MUTT), PALLI, KARKALA TALUK, UDUPI DISTRICT AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri K. Shashi Kiran Shetty, learned senior counsel for Sri Kiran J., learned counsel for the petitioners.
Sri V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 3 and 6.
The petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition, the petitioner inter alia assailing the validity of the notification dated 19.07.2016, issued by respondent No.3 by which applications for the appointment of the members of the committee of management for Mangaldi Mutt (Sri Mangala mahalakshmi Mutt, Palli) are invited. A Bench of this Court by an order dated 17.11.2015, struck down the Act in its entirety and declared it as discriminatory and violative of rights.
3. Therefore, notification issued by respondent No.3 dated 19.07.2016 cannot be given effect. The notification dated 19.07.2016, is hereby quashed with liberty to the petitioners to take recourse to such remedy as may be available in law, in case the grievance of the petitioners still subsists.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
5. Accordingly, the writ petitions are disposed of with liberty as aforesaid.
Sd/- JUDGE nvj