IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5131 OF 2019 (GM-R/C) BETWEEN:
SANOOR SRI.RAMA BHAT AGE 44 YEARS S/O ANANTHAPADMANABHA BHAT SRI.MAHALINGESHWARA TEMPLE DENDABETTU, SANOOR,KARKALA TALUK UDUPI DISTRICT PIN – 574 114.
(By Mr.M.E.NAGESH, ADV.) AND:
1. ASSISTANT COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT DISTRICT OFFICE COMPLEX RAJATHADRI, UDUPI – 576 104 2. THE DEPUTY COMMISSIONER HINDU RELIGIONS INSTITUTIONS AND CHARITABLE ENOWMENTS RAJATHADRI, UDUPI – 576 104.
3. THE COMMISIONER FOR HINDU RELIGIOUS … PETITIONER INSTITUTIONS AND CHARITABLE ENDOWMENTS MALEMAHADESHWARA BUILDING CHAMARAJPET, BENGALURU – 560 018.
… RESPONDENTS (By Mr.V.SHIVAREDDY HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION ISSUED BY THE 1ST RE ASSISTANT COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE INSTITUTIONS IN NO.CR-5/2016-17 DATED 30.11.2018 SO FAR IT RELATES TO SL.NO.6 TO KARKALA TALUK AS PER ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.E.Nagesh, learned counsel for the petitioner. Mr.V.Shivareddy, learned High Court Government Pleader for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Call for records.
(b) Issue a writ of certiorari quashing the notification issued by the 1st respondent Assistant Commissioner for Hindu Religious Institutions and Charitable Institutions in No.CR-5/2016-17 dated 30.11.2018 so far it relates to Sl.No.6 to Karkala Taluk as per Annexure-A.
(c) and for any order or direction as this Hon’ble Court deems fit to pass in the interest of justice.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the Assistant Commissioner without ascertaining the question whether or not the post of Archak is hereditary or not has issued a notice by which applications have been invited for various persons for the post of Archak. It is further submitted that the Assistant Commissioner be directed to ascertain the question whether or not the post of Archak in respect of Institution in question is to be filled up by succession or not and thereafter he be directed to take action in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the Assistant Commissioner for Hindu Religious Institutions and Charitable Endowments to decide the question as to whether the post of Archak in respect of Sri.Mahalingeshwara Temple is hereditary or not after holding due enquiry after affording an opportunity of hearing to the petitioner and all other necessary parties. Needless to state that in case the assistant Commissioner comes to a conclusion that the post of Archak is not a hereditary post in respect of temple in question. He shall be at liberty to take action in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS