IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.54708 OF 2017 (GM-R/C) BETWEEN:
1. SRI JEEVANANDA SHETTY S/O LATE BHANDARY SHETTY, AGED ABOUT 74 YEARS R/AT "SUPRASANNA" KELAGINA KOTEKAR, MANGALORE-575 022, DAKSHINA KANNADA DISTRICT.
2. NAVEEN CHANDRA SHETTY S/O JEEVANANDA SHETTY, AGED ABOUT 37 YEARS R/AT "SUPRASANNA" KELAGINA KOTEKAR, MANGALORE-575 022, DAKSHINA KANNADA DISTRICT.
3. SUBHASH CHANDRA SHETTY S/O JEEVANANDA SHETTY, AGED ABOUT 41 YEARS R/AT "SUPRASANNA" KELAGINA KOTEKAR, MANGALORE-575 022, DAKSHINA KANNADA DISTRICT. (BY MR. RAJAN KUMAR K, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS COMMISSIONER FOR DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, 2ND FLOOR, SRI MALAIMAHADESHWARA VARTHA BHAVANA, … PETITIONERS ALUR VENKATARAO ROAD, CHAMARAJPET, BENGALURU-560 018.
2. THE DEPUTY COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, DISTRICT DHARMIKA PARISHAT MANGALURU DAKSHINA KANNADA-575 001.
3. THE ASSISTANT COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, DISTRICT DHARMIKA PARISHAT, MANGALURU DAKSHINA KANNADA-575 001.
4. THE SECRETARY DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, DISTRICT DHARMIKA PARISHAT MANGALURU DAKSHINA KANNADA-575 001.
5. SRI KRISHNA SHETTY S/O SUBANNA SHETTY, AGED ABOUT 54 YEARS KELAGINA KOTEKAR GUTTU KOTEKAR POST MANGALORE-575 022 DAKSHINA KANNADA DISTRICT.
6. KARNATAKA RAJYA DHARMIKA PARISHED 2ND FLOOR SRI MALAIMAHADESHWARA VARTHA BHAVANA, ALUR VENKATARAO ROAD, CHAMARAJPET, BENGALURU-560 018, REP. BY COMMISSIONER.
(BY MR. V SHIVREDDY, HCGP FOR R1-R4 MR. PRASANNA V R., ADV. FOR R5 MR. B S SACHIN, ADV. FOR R6 (ABSENT)) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 29.7.2017 PASSED BY R-1 PERTAINING TO SREE PILI CHAMUNDI TEMPLE, KONDANA, KOTEKAR VILLAGE, MANGALORE TALUK AT ANNEX-V; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Ranjan Kumar.K, learned counsel for the petitioners.
Sri.V.Shivareddy, High Court Government Pleader for respondent Nos.1 to 4, Sri.Prasanna.V.R, learned counsel for Respondent No.5.
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 under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 29.07.2017 passed by the Respondent No.1 in an appeal pending before him.
4. When the matter was taken up for hearing, learned counsel for the petitioners submitted that a Bench of this Court, by order dated 11.01.2018, granted ad-interim stay and the appeal is still pending before the Respondent No.1 and this writ petition may be disposed of with a direction to Respondent No.1 to dispose of the appeal within the time bound manner.
5. The aforesaid submission is not opposed by the learned counsel for respondents.
6. In view of the submission and the facts of the case, the Writ Petition is disposed of with a direction to the Respondent No.1 to dispose of the appeal within a period of four months from the date of petition till the appeal preferred by Respondent No.5 is decided. Ad- interim order granted earlier shall continue till then.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the Petition is disposed of.
Sd/- JUDGE BNV