IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29210 OF 2015 (GM-R/C) BETWEEN:
SRI 3RD (MOORANE) MARIAMMA TEMPLE KAUP, UDUPI DISTRICT & SRI JANARDHANA TEMPLE, KAUP REPRESENTED BY PRESIDENT AND MANAGING TRUSTEE MOHAN M.BANGERA, 57 YEARS S/O MUDARA KOTIAN DEVA NILAYA, LAXMI NAGAR, PADU VILLAGE, P.O. KAUP-574 106 UDUPI DISTRICT … PETITIONER (BY SRI.VYASA RAO K.S., ADV.) AND:
1. THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS-CUM- SECRETARY RAJYA DHARMIKA PARISHATH ALUR VENKATRAO ROAD CHAMRAJPET BANGALORE-560 018 2. THE DEPUTY COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS UDUPI, RAJATHADRI MANIPAL-576 104 UDUPI DISTRICT.
3. THE STATE OF KARNATAKA REPRESENTED BY REVENUE SECRETARY CUM-SECRETARY TO RELIGIOUS AND CHARITABLE ENDOWMENTS VIDHANA SOUDHA BANGALORE-560 001 … RESPONDENTS (BY SRI.V.SHIVAREDDY, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT REQUIRING R-1 AND 2 CONSIDER THE REQUEST OF THE PETITIONER FOR THE CONSTITUTION OF A COMMON COMMITTEE OF MANAGEMENT AS EXISTING NOW FOR THE PETITIONER AND SRI JANARDHANA TEMPLE KAUP AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for writ of mandamus directing respondent Nos.1 to 2 to consider the request of the petitioner for the constitution of a common Committee of Management as existing now for the petitioner and Sri Janardhana Temple Kaup.
2. When the matter was taken up today, learned counsel for the petitioner submitted the petition may be disposed of with liberty to the petitioner to file a fresh representation to the competent authority with regard to their grievance and the competent authority be directed to decide the representation submitted by the petitioner in accordance with law.
3. In view of the submission made and in the facts of the case, the writ petition is disposed of with liberty to the petitioner that in case a fresh representation is made by them to the competent authority within a period of two weeks from the date of receipt of the certified copy of the order passed today, the same shall be dealt with by the competent authority in accordance with law within a period of four months from the date of receipt of such representation.
4. Ad-interim order, if any, shall continue till the representation to be filed by the petitioner is decided.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-