IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION Nos.49416-49418/2018 (GM-R/C) BETWEEN:
1. SREE MAHADEVI KUNTHIAMMA TEMPLE, TALLUR VILLAGE, KUNDAPURA TALUK-576 201 A PUBLIC RELIGIOUS ENDOWMENT, REPRESENTED BY ITS MANAGING COMMITTEE SECRETARY SRI VINAYA KUMAR SHETTY.
2. SRI T. SARVOTHAMA SHETTY, S/O LATE CHIKKAYYA SHETTY, AGED ABOUT 54 YEARS, R/AT DODDAMANE OF TALLUR VILLGE AND POST KUNDAPURA TALUK-570201.
3. SRI VINAYA KUMAR SHETTY, S/O BHASKAR SHETTY, AGED ABOUT 38 YEARS, R/AT HORLIBETTU OF TALLUR VILLAGE, KUNDAPURA TALUK-576201.
AND:
... PETITIONERS (BY SRI S. VISHWAJITH SHETTY, ADVOCATE) 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF ENDOWMENT, M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER, UDUPI DISTRICT, UDUPI-576 104.
3. THE TALUKA EXECUTIVE MAGISTRATE, KUNDAPURA TALUK, UDUPI DISTRICT-576104.
4. SRI T N ANANADA SHETTY, S/O SIDDAMMA SHEDTHI, AGED ABOUT 69 YEARS, R/AT NATTIBAILU MELMANE OF TALLUR VILLAGE, KUNDAPURA TALUK-576201.
5. SRI T N RAGHURAMA SHETTY, S/O PARVATHI SHEDTHI, AGED ABOUT 44 YEARS, R/T NATTIBAILU MELMANE OF TALLUR VILLAGE, KUNDPAURA TALUK-576201.
6. SRI T N RAVIRAJA SHETTY, S/O PARVATHI SHEDTHI, AGED ABOUT 38 YEARS, R/AT NATTIBAILU MELMANE OF TALLUR VILLAGE, KUNDAPURA TALUK-576201 7. SRI HARISH SHETTY, S/O SANKAMMA SHEDTHI, AGED ABOUT 38 YEARS, R/AT NATTIBAILU MELMANE OF TALLUR VILLAGE, KUNDAPURA TALUK-576201.
8. SRI SRIDHAR SHETTY, S/O LATE KRISHNAYYA SHETTY, AGED ABOUT 70 YEARS, R/AT NATTIBAILU MELMANE OF TALLUR VILLAGE, KUNDPAURA TALUK-576201.
9. SRI SANTHOSH SHETTY, S/O MONAPPA SHETTY, AGED ABOUT 46 YEARS, R/AT NATTIBAILU MELMANE OF TALLUR VILLAGE, KUNDAPURA TALUK-576201.
10. SRI DINESH SHETTY, S/O SRIDHAR SHEDTHI, AGED ABOUT 40 YEARS, R/AT NATTIBAILU MELMANE OF TALLUR VILLAGE, KUNDAPURA TALUK-576201.
11. SRI VITTAL SHETTY, S/O DARAPPA SHETTY, AGED ABOUT 62 YEARS, R/AT NATTIBAILU MELMANE OF TALLUR VILLAGE, KUNDAPURA TALUK-576201.
... RESPONDENTS (BY SRI V. SHIVAREDDY, HCGP FOR R1 TO R3 SRI K. CHANDRANATH ARIGA, ADVOCATE FOR R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD FROM THE R-3 WHICH ULTIMATELY RESULTED IN PASSING THE IMPUGNED ORDER ANNEXURE-A DATED 11.10.2018 BY THE TALUKA EXECUTIVE MAGISTRATE, KUNDAPURA TALUK, UDUPI DISTRICT (R-3); QUASH THE ORDER ANNEXURE-A DATED 11.10.2018 BY THE TALUKA EXECUTIVE MAGISTRATE, KUNDAPURA TALUK, UDUPI DISTRICT (R-3) AND THE ENTIRE PROCEEDINGS ANNEXURE-B IN THE SAID CASE WHICH IS PENDING CONSIDERATION BEFORE R-3.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri S. Vishwajith Shetty, learned counsel for petitioners.
Sri V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 3.
Sri K. Chandranath Ariga, learned counsel for respondent No.4.
2. These petitions are admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
3. In these petitions, the petitioners inter alia seek a writ of certiorari for quashment of the order dated 11.10.2018 passed by the Taluka Executive Magistrate in proceedings under Section 145 of the CPC as well as direction to the respondents to appoint administrator to manage the affairs of the temple in question.
4. When the matter was taken up today, the learned counsel for the respondent No.4 submitted that in respect of the temple in question, proceedings under Section 43 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (‘the Act’ for short) are pending and a show cause notice has been issued to the respondent No.4, to which he has already filed a reply and until and unless the aforesaid proceedings are concluded, administrator cannot be appointed in respect of the temple, which the respondent No.4 asserts to be a family temple.
5. In view of the aforesaid submission, learned counsel for the petitioners submits that the writ petitions be disposed of with a direction to the Commissioner, Hindu Religious Institutions and Charitable Endowments to dispose of the proceedings in a time bound manner.
6. Sri V. Shivareddy, learned High Court Government Pleader submits that suitable action shall be taken to dispose of the proceedings expeditiously in accordance with law.
7. In view of the submissions made and in the facts of the case, the petitions are disposed of with a direction to the Commissioner, Hindu Religious Institutions and Charitable Endowments to dispose of the proceedings after affording opportunity of hearing to the parties under Section 43 of the Act by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
Accordingly, petitions are disposed of.
Sd/- JUDGE MD