IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.3503 OF 2018 (GM-R/C) BETWEEN:
SRI. GURU VENKAPPAYYA WODEYAR AGED ABOUT 45 YEARS S/O SRI GURU JAYACHANDRA WODEYAR HEREDITARY TRUSTEE AND HIGH PRIEST SRI MYLARA LINGESHWARA SWAMY DEVASTANA MYLARA GRAMA HIREMYLARA HUVINAHADAGAALI TALUK BELLARY-583114 (By MR.KRISHNA S VYAS, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRL SECRETARY REVENUE DEPARTMENT M S BUILDING VIDHANA SOUDHA BANGALORE-560001 2. THE COMMISSIONER FOR RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA MALAI MADESHWARA BUILDING ALUR VENKAT RAO ROAD CHAMARAJPET BANGALORE-560018 3. THE DEPUTY COMMISSIONER FOR RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA BELLARY-583114 4. THE ASST COMMISSIONER FOR RELIGIOUS AND CHARITABLE ENDOWMENTS … PETITIONER IN KARNATAKA BELLARY-583114 5. SRI RAMANNA KARNIKADA S/O NOT KNOWN TO PETITIONER AGED MAJOR R/O MAILARA HUVINAHADAGALI TALUK BELLARY-583114 6. SRI SANNAPPA S/O NOT KNOWN TO PETITIONER AGED MAJOR R/O MAILARA HUVINAHADAGALI TALUK BELLARY-583114 7. THE EXECUTIVE OFFICER SIR MYLARA LINGESHWARA SWAMY DEVASTANA MAILARA HIREMYLARA HUVINAHADAGALI TALUK BELLARY-583114 … RESPONDENTS (By MR.SRIDHAR N HEGDE, HCGP FIR R1 TO 4 AND R7, NOTICE TO R5 & 7 SERVED & UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER VIDE ANNEXURE-E PASSED BY THE R-2 DTD:20.1.2018; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Mr.Sridhar N.Hegde, learned High Court Government Pleader for the respondent Nos.1 to 4 and 7.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following relief:
a) Set aside the impugned order vide Annexure-E, passed by the 2nd respondent in ADM7/AP22/2015-16, dated 20.01.2018.
b) quash the issuance of writ in the nature of certiorari of order bearing No.DVS(2) C.R.52/2015-16, dated 3.2.2016, passed by the 3rd respondent, vide Annexure-A.
4. When the matter was taken up today, learned Additional Government Advocate submitted that the Commissioner for Religious and Charitable Endowments shall dispose of the appeal, if not already decided, within one week from today.
5. In view of the aforesaid submissions and taking into account the fact that in this petition an interlocutory order is under challenge and the petition is pending before this Court since 2018, I deem it appropriate to dispose of the petition with a direction to the Commissioner to decide the appeal after hearing the parties within one month from the date of receipt of certified copy of the order passed today by a speaking order.
Sd/- JUDGE RV