IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE W.P.NO.38102/2019(GM-R/C) BETWEEN SRI. K. PRABHAKAR UPADHYA S/O LATE SRI GOVIND UPADHYA AGED ABOUT 64 YEARS, R/A DOOR NO.1-1-42 KADIYALI KUNJIBETTU POST UDUPI-576102 ... PETITIONER (BY SRI VARUN R R, ADVOCATE) AND 1. THE DEPUTY COMMISSIONER KARNATAKA HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS, OFFICE OF THE DEPUTY COMMISSIONER, UDUPI TALUK AND DISTRICT RAJATADARI MANIPAL-576 104 2. THE COMMITTEE MANAGEMENT KADIYALI SRI MAHISHMARDHINI TEMPLE KADIYALI UDUPI-576102 REP. BY ITS EXECUTIVE OFFICER ... RESPONDENTS (BY SRI SRIDHAR N HEGDE, HCGP) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO HANDOVER THE HERDITARY ARCHAKASHIP AND PERMITTING THE PETITIONER TO PERFORM THE HERDITARY ARCHAKASHIP IN KADIYALI SRI MAHISHAMARDHINI TEMPLE, UDUPI FOR THE PERIOD OF 01.01.2019 TO 31.12.2019 FORTHWITH AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Varun R.R., learned counsel for the petitioner.
Sri Sridhar N. Hegde, learned High Court Government Pleader for the respondents.
The writ petition is admitted for hearing. With consent of the parties, the same is heard finally.
2. In this petition, the petitioner has prayed for the following reliefs:
“a) To issue a writ of mandamus directing the respondents to handover the hereditary Archakaship and permitting the petitioner to perform the hereditary Archakaship in Kadiyali Sri Mahishamardini Temple, Udupi for the period of 01.01.2019 to 31.12.2019 forthwith or in alternative (b) Issue a Writ of Mandamus directing the Respondent No.1 to consider the representation of petitioner dated 16.01.2019 (Annexure-G).”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to respondent No.1 to consider and decide his representation dated 16.01.2019 within a period of one month.
4. In view of the aforesaid submission, the writ petition is disposed of with a direction to respondent No.1 to consider the representation of the petitioner within period of one month from the date of receipt of certified copy of the order passed today after affording an opportunity of hearing of the parties. 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 TL