IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.7384/2017 (GM – R/C) BETWEEN:
SRI. KODAMANTHAYA DAIVASTHANA YEKKAR MANGALORE TALUK – 01 REPRESENTED BY ITS MANAGING TRUSTEE MR.NITHIN HEGDE @ DURGA PRASAD SHETTY AGED ABOUT 41 YEARS S/O THIMMAPPA SHETTY ... PETITIONER (BY SRI. M. UDAYA PRAKASH, ADV.,) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HINDU RELIGIOUS ENDOWMENT AND CHARITABLE INSTITUTIONS VIKASA SOUDHA AMBEDKAR VEEDHI BANGALORE – 560 001 2. THE DEPUTY COMMISSIONER HINDU RELIGIOUS AND ENDOWMENT DEPARTMENT DISTRICT DHARMIKA PARISHAT DAKSHINA KANNADA MANGALORE - 02 ... RESPONDENTS (BY SRI. LAKSHMINARAYANA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.01.2017 PASSED BY R-2 AT ANNEXURE – J AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Learned Government Advocate to accept notice and file memo of appearance in four weeks.
2. Learned Government Advocate would bring to the notice of this court that under Section 63 of the Hindu Religious and Charitable Endowments Act, 1958, revision against the order impugned is provided. Therefore, in that view, the petition is disposed of with liberty to the petitioner to avail the remedy of revision.
3. In the meanwhile, though applications may be received pursuant to the notification at Annexure-K, the finalization of the same shall not be made till the revision petition is taken up by the revisional authority subject to the petitioner filing the revision petition within two weeks from this day.
The Registry to return the papers if any, sought by the learned counsel for the petitioner.
The petition is accordingly disposed of.
SD/- JUDGE Bsv