IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE W.P.No.5296/2019 (GM – R/C) BETWEEN :
SRI A.RAVIKUMAR SHETTY S/O APPU RAO GULWADI, AGED ABOUT 39 YEARS, R/AT NO.3/10B, KINYALA MANE, YEDAMANGALA VILLAGE & POST, KADABA TALUK, DAKSHINA KANNADA DISTRICT-574221 ...PETITIONER (BY SRI DHARMESH A., ADV.) AND :
1. DISTRICT COMMISSIONER HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS, DAKSHINA KANNADA DISTRICT, MANGALORE-574145 2. THE ASSISTANT COMMISSIONER MANGALORE SUB DIVISIONA & ADMINISTRATOR OF SRI KATEELU DURGAPARAMESHWARI TEMPLE, KATEELU, MANGALORE-574145.
3. THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS, MALE MADESHWARA BHAVANA BUILDING, TIPPU SULTAN PALACE ROAD, CHAMARAJPET, BENGALURU-560018 4. SRI KALLADI DEVI PRASAD SHETTY TRUSTEE OF KATEELU SRI DURGAPARAMESHWARI, YAKSHADHARAMA BHODINI CHARITABLE TRUST (R) KATEELU, MANGALORE-574145 …RESPONDENTS (BY SRI SRIDHAR N. HEGDE, HCGP FOR R-1 TO R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.11.2018, PASSED BY THE R-1 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Dharmesh A., learned counsel for the petitioner.
Sri. Sridhar N. Hegde, learned HCGP for respondent Nos.1 to 3.
This petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of certiorari for quashment of the order dated 27.11.2018 at Annexure-A as well as writ of mandamus directing the respondent Nos.1 to 3 to dispose off the right to run the Yakshagana Troops in the name of Temple by public auction in accordance with law by considering the representation made by the petitioner.
3. When the matter was taken up today, learned counsel for the petitioner submitted that with regard to his grievance, the petitioner has submitted a representation to the competent Authority and the aforesaid Authority be directed to decide the representation submitted by the petitioner by a speaking order in the light of Rule 40-D of the Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002.
4. On the other hand, learned Government Advocate submits that suitable action in accordance with law shall be taken.
5. In view of the submission made and in the facts of the case, the petition is disposed of with a direction to the competent Authority to decide the representation submitted by the petitioner in the light of Rule 40-D of Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002, by a speaking order within a period of one month from the date of receipt of certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE Dvr: