IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.25262/2019 (GM-RES) BETWEEN:
SRI GRUSHANTHA MARI MUTT HONAGANAHALLI KEREGOSU HOBLI MANDYA TALUK & DISTRICT – 571 401 REPRESENTED BY ITS SWAMIJI & PRESIDENT SRI SRI SRI CHANDRASHEKAR SHIVACHARYA SWAMIGALU …PETITIONER (BY SRI GANAPATHI S.SHASTRI, ADVOCATE) AND:
1. SECRETARY DEPARTMENT OF REVENUE MUJARAI BRANCH M.S.BUILDING BENGALURU – 560 001 2. COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS AND ENDOWMENT CHARITABLE TRUST CHAMARAJPET BENGALURU – 560 018 3. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA – 571 401 4. TAHASILDAR MANDYA TALUK MANDYA DISTRICT – 571 401 … RESPONDENTS (BY SMT.PRATHIMA HONNAPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE TASTIK AMOUNT TO THE PETITIONER AS PER THE NOTIFICATION DATED 09.08.2018 (ANNEXURE-D) PASSED BY RESPONDENT NO.3 ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri Ganapati S.Shastri, learned Counsel for the petitioner.
Smt. Prathima Honnapura, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With the consent of learned Counsel for the parties. the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks for a writ of mandamus directing the respondents to release the tastik amount to the petitioner as per the notification dated 09.08.2018 (Annexure-D) passed by respondent No.3.
4. When the matter was taken up today, learned Counsel for the petitioner submits that the writ petition may be disposed of with a direction to respondent No.3 to consider the representation submitted by the petitioner on 15.03.2019 (Annexure-G) by a speaking order within a fixed time limit.
5. On the other hand, learned Additional Government Advocate for the respondents submits that the representation of the petitioner will be considered in accordance with law.
6. In view of the submission made and in the facts of the case, the petition is disposed of with a direction to respondent No.3 to consider the representation submitted by the petitioner on 15.03.2019 (Annexure-G) by a speaking order within a period of two months from the date of receipt of a copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE KSR