IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.17460 OF 2013 (GM-R/C) BETWEEN:
SRI. HARAKERE KALIKAMBA DEVASTANANDA TRUST(R) GANDHIBAZAR, SHIMOGA CITY REPRESENTED BY ITS SECRETARY D. CHANDRASEKHAR S/O LATE D N DHARMACHAR AGED ABOUT 58 YEARS R/O "MATHRU KRUPA" 2ND STAGE 7TH BLOCK, 1ST CROSS, VINOBA NAGARA SHIMOGA-577 204.
… PETITIONER (BY SRI. VIGHNESHWAR S. SHASTRI, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT(MUJARAI) MS BUILDING, BANGALORE-560001.
2. COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABEL ENDOWMENTS DEPARTMENT MALE MAHADEHSWARA BHAVAN CHAMARAJPET, BANGALORE-18.
3. DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA-577 204.
4. ASSISTANT COMMISSIONER SHIMOGA SUB-DIVISION SHIMOGA-577 204.
5. TAHASILDAR SHIMOGA TALUK & DISTRICT.
6. SANTHOSH S/O BOYSHETTY MAJOR HARAKERE VILLAGE SHIMOGA TALUK & DISTRICT-577204.
7. NANJUNDA S/O NANJAPPA MAJOR GAJUNOOR VILLAGE SHIMOGA TALUK SHIMOGA DISTRICT-577 204.
8. SMT HEMAVATHI W/O RAMEGOWDA MAJOR HARAKERE VILLAGE SHIMOGA TALUK & DISTRICT-577 204.
9. SHEKARGOWDA W/O SHANKARGOWDA MAJOR HARAKERE VILLAGE SHIMOGA TALUK & DISTRICT-577 204.
10. SRIKANTH S/O ROHINIKUMAR MAJOR HARAKERE VILLAGE SHIMOGA TALUK & DISTRICT-577 204.
11. RAMESH G S S/O G R SUBRAMANYA UDUPA MAJOR HARAKERE VILLAGE SHIMOGA TALUK & DISTRICT-577204.
12. K T VENKATARAMAN GOWDA MAJOR LAKKANKOPPA VILLAGE SHIMOGA TALUK & DISTRICT-577204.
13. KRISHNA MURTHY MALLESHNAGAR BADAVANE MAJOR GUNDAPPA SHED SHIMOGA TOWN-577201.
14. KRISHNACHAR S/O KARIBASSAPPCHAR MAJOR KURUBARAPALYA SHIMOGA TOWN-577201.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 – R5 R6 TO R11 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GAZETTE NOTIFICATION DT.29.9.2012 PASSED BY R-1 VIDE ANNX-G IN SO FAR AS SRI.HARAKERE KALIKAMBA DEVASTAN IS CONCERNED. QUASH THE PROCEEDINGS DT.19.10.2012 AND 15.1.2013 PASSED BY R-3 AS PER ANNX-H & J RESPECTIVELY IN SO FAR AS SRI.HARAKERE KALIKAMBA DEVASTAN IS CONCERNED AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Vighneshwar S. Shastri, learned counsel for the petitioner.
Smt.Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 to 5.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner has prayed for the following reliefs:
“i) Issue a writ of certiorari or any other appropriate writ or order or quashing the gazette notification dated 29.09.2012 in No.RD 87 MUAABI 2012, passed by respondent No.1 as per Annexure-G in so far as Sri. Harakere Kalikamba Devastan is concerned.
ii) Issue a writ of certiorari or any other appropriate writ or order or quashing the proceedings dated 19.10.2012 and 15.1.2013 passed by respondent No.3 as per Annexure-H and J respectively in so far as Sri. Harakere Kalikamba Devastan is concerned.
iii) Issue a writ of certiorari or any other appropriate writ or order or quashing the order dated 16.01.2013 passed by respondent No.3 in No.DVS(3)CR/063/2012-13(14134) as per Annexure-K.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that on account of efflux of time, challenge to the proceedings dated 19.10.2012, 15.01.2013 and order dated 16.01.2013 does not survive as the tenure of the Managing Committee has expired, which even otherwise was stayed by this Court by virtue of an interim order passed in favour of the petitioner.
4. It is further submitted that only challenge to the gazette notification dated 29.09.2012 survives for consideration, by which Temple in question has been included as belonging to Muzrai Department of the State Government. It is also pointed out that the impugned notification that the Temple of the petitioner has been included as belonging to the Muzrai Department of the State Government is in flagrant violation of the principles of natural justice inasmuch as neither any notice nor any opportunity of hearing was granted to the petitioner before issuing the impugned notification. It is further submitted that the impugned notification has been issued in violation of the directions contained in order dated 07.03.2000 passed by a Bench of this Court in W.P.No.1303/1995.
5. On the other hand, learned Additional Government Advocate was unable to point out from the records either any notice or any opportunity of hearing was afforded to the petitioner before including the Temple of the petitioner as belonging to Muzrai Department of State Government.
6. I have considered the submissions made by learned counsel for the parties and perused the records.
7. Since the impugned notification dated 29.09.2012 has been issued in flagrant violation of principles of natural justice as well as order dated 07.03.2000 passed by this Court in W.P.No.1303/1995, by which this Court had remanded the matter to first respondent with a direction to reconsider the matter and decide the same in accordance with law, after affording an opportunity of hearing to the petitioner, the impugned notification in so far as it pertains to the Temple of the petitioner cannot be sustained in the eye of law.
8. The aforesaid notification in so far as it pertains to the Temple of the petitioner is quashed and set aside.
9. Needless to state that respondents shall be at liberty to proceed against the petitioner, if so advised, after affording an opportunity of hearing to the petitioner in accordance with law.
With the aforesaid directions, the writ petition is disposed of.
Sd/- JUDGE dn/-