IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.54371/2016 (GM-R/C) BETWEEN:
Shreedhar.S.V.Shetty, S/o. Vittal Shetty, Aged 54 years, R/at “Shiva Sannidhi”, Kalaiguthu Hosue, Kulashekara, Mangaluru, D.K.District, Pin-575 005. ... Petitioner (By Sri. Ravishankar Shastry.G, Adv.,) AND:
1. Additional Deputy Commissioner, Chikmangalur District, Chikmangalur, Pin-577 101.
2. Thasildar, Koppa Taluk, Koppa, Chikmangalur District, Pin-577 126. ... Respondents (By Sri. V.Shivareddy, HCGP for R1 & R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 24.05.2016 passed by the Addl. Deputy Commissioner, Chikmagalur District, Chikmagalur at Annex-A.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the court made the following:
O R D E R Mr.Ravishankar Shasty.G, learned counsel for the petitioner.
Mr.V.Shivareddy, High Court Government Pleader for respondents.
In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order dated 24.05.2016 passed by the Additional Deputy Commissioner, Chikmagalur, by which a direction has been issued to take possession of the temple and handover the administration of the temple to the Department of Muzarai.
2. Learned counsel for the petitioner has assailed the validity of the aforesaid order on the solitary ground that the same has been passed in contravention of principles of natural justice inasmuch as neither any notice nor any opportunity of hearing was afforded to the petitioner.
3. Learned High Court Government Pleader was unable to point out either any notice or opportunity of hearing was afforded to the petitioner.
4. In view of the submission made and in the facts of the case, since the impugned order dated 24.05.2016 has been passed in violation of principles of natural justice, the same is hereby quashed and set- aside.
5. Needless to state that respondents are at liberty to proceed in accordance with law, if so advised.
With the aforesaid liberty, the writ petition is disposed of.
Sd/- JUDGE ln.