IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51708/2014 (GM-R/C) BETWEEN:
P.GIRISH BHAT S/O P. MANJUNATH BHAT, AGED ABOUT 38 YEARS, R/O CAR STREET, PERDUR, UDUPI TALUK & DISTRICT-576 124.
... PETITIONER (BY SRI M. NAGESH, ADVOCATE FOR SRI CHANDRASHEKAR, ADVOCATE) AND:
1. THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, MALEMAHADESHWARA BHAVAN, CHAMARAJPET, BANGALORE-560 018.
2. ZILLA DHARMIKA PARISHATH AND THE DEPUTY COMMISSIONER, HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, UDUPI DISTRICT, UDUPI-576 124.
3. THE ASSISTANT COMMISSIONER DEPARTMENT OF CHARITABLE ENDOWMENTS, O/O DEPUTY COMMISSIONER, RAJATADRI COMPLEX, MANIPAL, UDUPI DISTRICT-576124.
4. THE EXECUTIVE OFFICER SRI ANANTHAPADMANABHA TEMPLE, PERDUR, UDUPI TALUK, UDUPI DISTRICT-576124.
5. SRI VITTALA DEVADIGA, S/O NOT KNOWN, AGE MAJOR, FLOWER MERCHANT, SRI ANANTHPADMANABHA TEMPLE, PERDUR, UDUPI TALUK, UDUPI DISTRICT-576 124.
... RESPONDENTS (BY SRI D.R. ANANDEESWAR, HCGP FOR R1 TO R3; R4 AND R5 ARE SERVED BUT UNREPRESENTED) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 & R-2 TO CONSIDER THE REPRESENTATION DATED 13.8.2013 AND CONSEQUENTIAL REPORT OF R-3 & R-4 DTD.18.12.2013 IN NO.57/2013-14 AND 3.3.2014 IN NO.ADMCR32/13-14 VIDE ANNEX-C,D & E RESPECTIVELY AND TO TAKE EFFECTIVE AND NECESSARY STEPS IN ACCORDANCE WITH LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner in the above writ petition has sought for the following reliefs:
“Issue writ in the nature of writ of mandamus or any other appropriate writ, order or direction as the case may be and to direct the respondent Nos.1 & 2 to consider the representation dated 13.8.2013 and consequential report of 3rd and 4th respondents dated 18.12.2013 in No.57/2013-14 and 3.3.2014 in No.ADMCR32/13-14 vide Annexures-C, D and E respectively and to take effective and necessary steps in accordance with law.”
2. It is the case of the petitioner that he is a devotee of the 4th respondent – Temple and resident of Perdur village and engaged in selling pooja items at Perdur. He made a representation before the Respondent Nos. 1 and 2 bringing to their notice the illegalities committed in allowing the 5th respondent to conduct the flower stall in front of the main door of the temple without any leave and license or rent. Inspite of the recommendations made by Respondent Nos.3 and 4, the Respondent Nos.1 and 2 have not taken any action. Therefore the petitioner is before this Court for the reliefs sought for.
3. Sri D.R. Anandeeswar, learned High Court Government Pleader, on instructions submits that in pursuance of the recommendation made by Respondent Nos.3 and 4, notice has already been issued to the Respondent No.5 on 11.1.2017 and initiated the proceedings and subsequently the 5th respondent was got vacated from the temple premises in question.
4. The said submission of the learned High Court Government Pleader is placed on record.
5. In view of the above, the prayer sought in the present writ petition has culminated into issuance of notice to the 5th respondent by the competent authority. Subsequently, the 5th respondent was got vacated from the temple premises in question.
In view of the above, the relief sought in the present writ petition does not survive for consideration. Accordingly, the writ petition is dismissed as having become infructuous.
Sd/-
JUDGE Gss/-