IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.2259 OF 2016 (GM-R/C) BETWEEN:
SRI. B. KESHAVAMURTHY AGED ABOUT 46 YEARS, S/O LATE SRINIVASACHAR, RESIDING AT SRI KODANDARAMASWAMY TEMPLE, SARJAPURA, ANEKAL TALUK, BENGALURU DISTRICT-562 125 … PETITIONER (BY SRI. M. RAHUL, ADV. FOR SRI.ABHINAV R. ADV. ) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF ENDOWMENT AND CHARITABLE INSTITUTIONS, M.S. BUILDINGS, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE COMMISSIONER HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENTS, ALUR VENKATA RAO ROAD, CHAMARAJPET, BENGALURU-560 018 3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KHANDAYA BHAVAN, K.G ROAD, BENGALURU – 560 009.
4. THE ASSISTANT COMMISSIONER HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENTS, VISHVESHWARYYA TOWERS, DR. AMBEDKAR ROAD, BENGALURU-560 001 5. THE DEPUTY TAHASILDAR NAADA KACHERI, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT, BENGALURU-562 125 6. SRI S YELLAPPA REDDY AGED ABOUT 72 YEARS, S/O LATE SUBBA REDDY, RESIDING AT NEAR BUS STAND SARJAPURA, ANEKAL TALUK, BENGALURU DISTRICT BENGALURU-562 125 7. SRI ANIL KUMAR AGED ABOUT 36 YEARS, S/O YELLAPPA REDDY, RESIDING AT NEAR BUS STAND SARJAPURA, ANEKAL TALUK, BENGALURU DISTRICT, BENGALURU-562 125 (BY SRI.V.SHIVAREDDY, HCGP FOR R1-R5 R6 & R7 SD & UNREPRESENTED) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARATION THAT THE 6TH AND 7TH RESPONDENTS CANNOT IN ANY MANNER INTERFERE WITH THE DAY TO DAY AFFAIRS AND THE ADMINISTRATION OF THE SRI KODANDARAMASWAMY TEMPLE, SARJAPURA, ANEKAL TALUK, BENGALURU DISTRICT AS COMMITTEE MEMBERS OR IN ANY OTHER CAPACITY IN VIEW OF THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT, [AMENDMENT] ACT 2011 AND THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS [AMENDMENT] ACT 2012, HAVING BEEN STRUCK DOWN IN WRIT PETITION NO. 64805- 64868/2011 [SRI MAHAGANAPATHI SHANKARA DEVASTHANA, SIRSI AND OTHERS V/S THE STATE OF KARNATAKA] BY THE DIVISION BENCH OF THIS HON'BLE COURT BY AN ORDER DATED 17.11.2015 VIDE ANN-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. M.Rahul, learned counsel for the petitioner.
Sri. V.Shivareddy, learned High Court Government Pleader for Respondent Nos. 1 to 5.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, seeks the writ of prohibition against Respondent Nos. 6 and 7 not to interfere with the day today affairs of the administration of Sri.Kodandaramaswamy Temple, Sarjapura, Bangalore. The petitioner also seeks a direction to the Respondent Nos. 3 and 4 to act in pursuance of the representations made by Respondent Nos. 6 and 7 as members of the Managing Committee.
3. When the matter is taken up for hearing, learned counsel for the petitioner submitted that the petitioner is employed by the Managing Committee of the aforesaid Temple. However, Respondent Nos. 6 and 7 are trying to interfere with the functioning of the petitioner as Archak of the temple without taking course of law.
4. On the other hand, learned High Court Government Pleader submitted that action on the complaint against the petitioner, if any, shall be taken in accordance with law.
5. In view of the submissions made and taking into account Section 16 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (hereinafter referred to as ‘the Act’ for short), the petition is disposed of with a liberty to the Managing Committee of the Temple in question to take action against the petitioner, if so advised in accordance with law, bearing in mind the mandate contained in Section 16 of the Act. It is made clear that this Court has not expressed any opinion on the merits of the case.
6. Accordingly, the petition is disposed of.
Sd/- JUDGE Srl.