IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.45280/2017 (GM-R/C) BETWEEN:
SRI D HALKURE GOWDA S/O LATE HALKERE GOWDA, AGED ABOUT 51 YEARS, WAS WORKING AS FIRST DIVISION ASSISTANT SRI KUKKE SUBRAMANYA TEMPLE SUBRAMANYA, SULLIA TALUK DAKSHINA KANNADA-574 238 PRESENTLY RESIDING AT NO.228/A, "SHREE NAGABHARANA NILAYA" NEAR KUMARADHARA RIVER KUKKE SUBRAMANYA SULLIA TALUK, DAKSHINA KANNADA-574 238 (BY SRI SATISH K, ADV. FOR SRI M S BHAGWAT, ADV.) AND:
1. THE COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS MAHADESHWARA VARTHA BHAVAN, VENKATRAO ROAD, CHAMARAJPET, BANGALORE-560 018 2. THE ASSISTANT COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS OFFICE OF THE DEPUTY COMMISSIONER DAKSHINA KANNADA MANGALORE-575 001 ... PETITIONER 3. THE EXECUTIVE OFFICER SRI KUKKE SUBRAMANYA TEMPLE SUBRAMANYA SULLIA TALUK, DAKSHINA KANNADA-574 238 (BY SRI LAKSHMINARAYANA, AGA.) ... RESPONDENTS THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR RECORDS FROM THE RESPONDENTS AND QUASH THE IMPUGNED ORDER OF DISMISSAL DATED 09.09.2017 VIDE ANNEX-A ISSUED BY R-3.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Government Advocate to accept notice for respondents No. 1 to 3. He is permitted to file memo of appearance in four weeks.
2. The petitioner is before this Court assailing the order dated 09.09.2017 as at Annexure-A to the petition.
3. Learned Government Advocate at the outset would refer to the provision as contained in Section 16(2) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, to point out that an appeal would lie against the order as impugned herein.
4. Though the learned counsel for the petitioner would seek to contend that the very initiation of the proceedings is without jurisdiction and therefore the writ petition is to be entertained more so in a circumstance where opportunity has not been granted to the petitioner, having perused the provision in the Act, I am of the opinion that even such contention would be available to be urged before the Appellate Authority. The Appellate Authority shall entertain such appeal notwithstanding the delay if any, in filing the appeal.
5. Needless to mention that if the petitioner files any application seeking interim prayer in the appeal, the Appellate Authority may decide the same expeditiously as per law, if the Appellate Authority is not in a position to consider and dispose of the appeal within a time frame.
Registry to return the papers if any, sought by the petitioner.
The petition is accordingly disposed of.
Sd/- JUDGE hrp/bms