IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 11070/2015(GM-R/C) BETWEEN:
P.LAKSHMINARAYANA THANTRI AGED 43 YEARS S/O.LATE. VASUDEVA THANTRI MANJARABETTU, YELLURU VILLAGE POST:YELLURU UDUPI TALUK & DISTRICT-576101.
... PETITIONER (BY SRI. VYASA RAO K. S., ADV.) AND 1. THE DEPUTY COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS ,UDUPI P.O.UDUPI-576101.
2. PUNDARIKAKSHA BHAT AGED 70 YEARS S/O.LAKSHMINARAYANA BHAT MAJUR VILALGE, P.O.MAJUR, UDUPI TALUK AND DISTRICT-576104.
3. MADHWARAJA BHAT AGED 35 YEARS S/OL.VENKATARAMANA BHAT MAJUR VILALGE, P.O.MAJUR UDUPI TALUK & DISTRICT-576104.
... RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA. FOR R1, SRI.S.K.ACHARYA, ADV. FOR R2, SRI.S. RAJASHEKHAR FOR R3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ANNEXURE-A DT.2.3.2015 PASSED BY THE R-1.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is directed against the order dated 2.3.2015 vide Annexure-A passed by the respondent No.1 in case No.DVS:LAW:CR 27/2010-11, whereby the respondent No.1 has remanded the matter to the Assistant Commissioner for fresh disposal.
2. The case of the petitioner is that his family has been performing Tantra (Thantri) in Sri.Durga Parameshwari Temple, Uliyaru of Majur Village, Udupi Taluk for the last several years. The performance of the Thantric work was evidenced by the registered partition deed dated 15.10.1917 between Ananta Thantri and others who are petitioner’s predecessor. Respondent Nos.2 and 3 were looking after the Thantric disciplines in the temple in question for some time. Since the management committee and the public were totally dissatisfied with the conduct of respondent Nos.2 and 3, they represented to the Department about the high handed actions of respondent Nos.2 and 3. The Inspector attached to the Department held enquiry and filed a report dated 29.9.2010 to the Assistant Commissioner, HR & CE, Udupi. Accordingly, the Assistant Commissioner passed an order dated 2.2.2011 appointing the petitioner herein as Thantri for performing Thantric rituals in the temple in question. Being aggrieved by the same, the respondent Nos.2 and 3 herein have filed the Revision Petition under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 before the respondent No.1-Deputy Commissioner. The respondent No.1, by order dated 2.3.2015 vide Annexure-A has allowed the petition filed by the respondent Nos.2 and 3 and remitted the matter to the Assistant Commissioner for fresh consideration with a direction that in respect of performing pooja and other rituals, the same shall be conducted by the respondent No.2 as it was conducted prior to the order of the Assistant Commissioner dated 2.2.2011. Being aggrieved by the order of respondent No.1, the petitioner is before this Court.
3. The learned counsel for the petitioner submits that he has no grievance in remanding the matter to the Assistant Commissioner. In the impugned order dated 2.3.2015, there is a direction by the Deputy Commissioner that in respect of performing pooja and other rituals, the same shall be conducted by the respondent No.2 as it was conducted prior to the order of Assistant Commissioner dated 2.2.2011. This Court at the time of admission, by order dated 19.3.2015, issued notice to respondents and directed the parties to maintain status-quo. Pursuant to that, the petitioner is performing the pooja of the temple.
4. In view of the above circumstances and in the interest of the parties, the following order is passed:
a) The writ petition is disposed of with a direction to the Assistant Commissioner to dispose of the Case No. KAR.ADMCR.107/2010-
11 as per the directions of the Deputy Commissioner within six months from the date of receipt of a copy of this order.
a) The interim order granted by this Court will enure to the benefit of the petitioner till the disposal of the case by the Assistant Commissioner.
b) All the contentions of the parties are kept open.
Sd/- JUDGE DM