IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32294 OF 2017 C/W WRIT PETITION NO.26274 OF 2017 (GM/R/C) WRIT PETITION NO.32294 OF 2017 BETWEEN:
SRI K C MALLIKARJUNAIAH S/O LATE SRI CHIKKARUDRAPPA SUBRAHMANYA, SULLIA TALUK AGED ABOUT 63 YEARS PRADHANA ARCHAKA SRI CHANNA BASAVESWARASWAMY TEMPLE GUBBI – 572 216 GUBBI TALUK TUMKUR DISTRICT. … PETITIONER (By Mr. K N PHANINDRA SR.ADV., A/W Mr. HARISHCHANDRA M ADV.) AND:
1. THE TAHSILDAR GUBBI TALUK GUBBI TUMKUR DISTRICT – 572216.
2. THE COMMISSIONER FOR RELIGIOUS AND CHARITABLE ENDOWMENTS IN STATE OF KARNATAKA MALAI MAHADESHWARA VARTHA BHAVAN TIPPU SULTAN PALACE ROAD, CHAMARAJPET, BANGALORE-560018. … RESPONDENTS (By Mr. V SHIVAREDDY LEARNED HCGP) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the public notice dated 22.6.2017 issued by R-1 vide Annex-A and the order Dated 3.6.2017 passed by R-2 vide Annex-A1 only in so far as it directs The Deputy Commissioner to issue the public notice and fill up the most of Pradhana Archaka to Sri. Channa Basaveswaraswamy Temple in Gubbi Taluk and etc.
WRIT PETITION NO.26274 OF 2017 BETWEEN:
SRI. G K RAJESH S/O G C KUMAR AGED 32 YEARS R/A JAVALIPETE GUBBI TALUK TUMKUR DISTRICT-572117 … PETITIONER (By Mr. K N NITISH ADV., FOR Mr. K V NARASIMHAN ADV.) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF RELIGIOUS AND CHARITABLE ENDOWMENTS AMBEDKAR VEEDHI BANGALORE-560 001.
2. THE COMMISSIONER HINDU REGLIGIOUS AND CHARITABEL ENDOWMENTS DEPARTMENT 2ND FLOOR SRI MALAI MAHADESHWARA NEWS BHAVAN ALUR VENKATAROA ROAD CHAMARAJPET BANGALORE-560 018.
3. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR-572101.
4. TAHASILDAR GUBBI TALUK GUBBI TUMKUR DISTRICT-572117.
5. SRI CHANNABASAVESHWARA TEMPLE BY ITS PRESIDENT GUBBI TOWN TUMKUR DISTRICT-572117. … RESPONDENTS (By Mr. V SHIVAREDDY HCGP) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order Dtd.3.6.2017 passed by the R-2 vide Annex-J. Grant an Interim order to stay the operation and execution of the impugned order Dtd.3.6.207passed by the R-2 and restrain the R-2 from issuing publication for appointing Pradhana Archak Sri. Channa Basaveshwaraswamy Temple Gubbi and etc.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.K.N.Phanindra and Sri.K.N.Nitish, learned counsel for the petitioners.
Sri.V.Shivareddy, learned High Court Government Pleader for the State respondents.
2. In these petitions, the petitioners have assailed the validity of the public notice dated 22.06.2017 and order dated 03.06.2017.
3. A Bench of this Court, while entertaining the W.P.No.32294/2017, by an ad interim order dated 24.07.2017, had directed the respondents not to fill up the post of Pradhan Archak. The aforesaid interim order has remained in force. This Court, by an order passed today in W.P.No.42432/2017 as well as W.P.No.41361/2017, has disposed of the writ petitions with a direction to the Commissioner to decide the appeal pending before him afresh in accordance with law.
4. In view of aforesaid order, these writ petitions are disposed of with a direction that the ad interim order granted by this Court in W.P.No.32294/2017 shall remain in force till the appeal preferred by the petitioner in W.P.No.41361/2017 is disposed by the Appellate Authority. Consequently, Annexure-J is quashed.
Sd/- JUDGE RV