IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13008/2017 (GM-R/C) BETWEEN:
SRI K.N.GOVINDA ADIGA AGED ABOUT 54 YEARS S/O. LATE K.N.KRISHNA ADIGA ARCHAKA SHREE MOOKAMBIKA TEMPLE KOLLUR-576 220 KUNDAPURA TALUK UDUPI DISTRICT …PETITIONER (BY SRI CHANDRANATH ARIGA, ADVOCATE) AND:
1. THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS MALE MAHADESHWARA BUILDING CHAMARAJPET BENGALURU-560 018 2. THE ADMINISTRATOR SHREE MOOKAMBIKA TEMPLE KOLLUR- 576 220 KUNDAPURA TALUK UDUPI DISTRICT 3. THE EXECUTIVE OFFICER SHREE MOOKAMBIKA TEMPLE KOLLUR- 576 220 KUNDAPURA TALUK UDUPI DISTRICT 4. SRI K.N.NARASIMHA ADIGA AGED ABOUT 61 YEARS S/O. LATE NARSI SUBRAYA ADIGA ARCHAKA SHREE MOOKAMBIKA TEMPLE KOLLUR- 576 220 KUNDAPURA TALUK UDUPI DISTRICT 5. SRI K.N.SUBRAMANYA ADIGA S/O. SRI K.N.NARASIMHA ADIGA AGED ABOUT 32 YEARS SHREE MOOKAMBIKA TEMPLE KOLLUR- 576 220 KUNDAPURA TALUK UDUPI DISTRICT … RESPONDENTS (BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI M.E.NAGESH, ADVOCATE FOR C/R4 & R5;
SRI G.KRISHNA MURTHY, SENIOR COUNSEL FOR SRI CHANDRAKANTH PATIL, ADVOCATE FOR R2 & R3; SMT.H.C.KAVITA, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.02.2017 (ANNEXURE-G) PASSED BY RESPONDENT NO.3 AND TO DIRECT RESPONDENT NO.2 TO DISBURSE THE EMOLUMENTS ATTACHED TO THE POST OF ARCHAKA TO THE PETITIONER FOR THE PERIOD 2016-2017.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Chandranath Ariga, learned Counsel appearing for the petitioner, Sri G.Krishna Murthy, learned Senior Counsel appearing for Sri Chandrakanth Patil, learned Counsel for respondent Nos.2 and 3, Sri Ashok Haranahalli, learned Senior Counsel appearing for Sri M.E.Nagesh, learned Counsel for respondent Nos.4 and 5, Ms.H.C.Kavitha, learned High Court Government Pleader appearing for respondent No.1.
2. Petition is admitted. With the consent of the parties, the petition is heard and the same is taken up for hearing.
3. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner has challenged the order dated 09.02.2017 and also a direction to respondent No.2 to disburse the emoluments attached to the post of archaka for the period 2016-2017.
4. When the matter is taken up today, learned Counsel appearing for the parties jointly submit that the order dated 09.02.2017 passed by respondent No.3 has effectively permitted respondent No.5 to perform the pooja from 01.02.2017 to 31.03.2017. The aforesaid period has expired.
5. Learned Counsel appearing for the petitioner submits that the writ petition may be disposed of and that the petitioner may be granted liberty to make an application to the competent authority with regard to payment of emoluments attached to the post of archaka for the period 2016-2017.
6. Learned Counsel appearing for the respondents have no objection to grant the prayer.
7. I have considered the submissions made by the learned counsel for the parties. It is well settled in law that this Court would not decide the validity of the order challenged in this petition on account of flux of time. The order dated 09.02.2017 has come to an end. Therefore, this Court need not examine the validity of the order at this point in time. In view of the above circumstances, the writ petition is disposed of with liberty to the petitioner to file an application before the competent authority with regard to claiming the emoluments attached to the post of archaka for the period 2016-2017. Needless to state that in case if any such representation is made, the competent authority shall consider the same in accordance with law after affording an opportunity of hearing to the parties.
The writ petition is disposed of.
Sd/- JUDGE KSR