IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.53392-393 OF 2017 (GM-KLA) BETWEEN:
1. SRI KUDI VASANTHA SHETTY S/O LATE SADANANDA SHETTY AGED ABOUT 58 YEARS “SHRINIDHI”, KODIBETTU KUDI VILLAGE & POST-576 120 UDUPI TALUK & DISTRICT 2. KARUNAKARA KARKERA S/O SAMPU POOJARY “MATHRUSHREE” MARNE VILLAGE & POST UDUPI TALUK-576 120 (BY MR.MAHESH R UPPIN, ADV.) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HINDU RELIGIOUS & CHARITABLE ENDOWMENTS M.S.BUILDING BANGALORE-560 001 2. THE LOKAYUKTA OF KARNATAKA MULTI STOREY BUILDING DR.AMBEDKAR STREET BENGALURU-560 001 REP. BY REGISTRAR 3. THE COMMISSIONER OF ENDOWMENTS DEPARTMENT OF HINDU RELIGIOUS & CHARITABLE ENDOWMENTS … PETITIONERS 1ST MAIN, A.V.R.ROAD, CHAMARAJPET BENGALURU-560 018 4. THE ASSISTANT COMMISSIONER DEPT. OF HINDU RELIGIOUS & CHARITABLE ENDOWMENTS RAJATJADRI, MANIPAL UDUPI TALUK & DISTRICT-576 101 5. SRI ANANTHAKRISHNA BHAT S/O SRI VENKATESH BHAT, MAJOR “GURU KRIPA”, RAMPURA ALEVOOR-576 101 UDUPI TALUK & DISTRICT (BY MR.V.SHIVAREDDY, HCGP, FOR R1, 3 & 4 MR.VENKATESH R.ARABATTI, ADV. FOR R-2 MR.AMRUTESH C., ADV. FOR R-5) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED:17.04.2015 AND COMPLAINT ANNEXED TO THE SAME ISSUED BY THE R-2 HON’BLE LOKAYUKTHA VIDE ANNEXURE-D AS THE SAME IS ONE WITHOUT JURISDICTION AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Mahesh R.Uppin, learned counsel for the petitioners.
Mr.V.Shivareddy, learned High Court Government Pleader for respondent Nos.1, 3 & 4.
Mr.Venkatesh R.Arabatti, learned counsel for respondent No.2.
Mr.Amrutesh C., learned counsel for respondent No.5.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioners have inter alia has assailed the validity of the notice dated 17.04.2015, which has been issued by respondent No.2, office of the Lokayukta to the Commissioner of Endowments Department of Hindu Religious and Charitable Endowments.
4. Facts giving rise to filing of this petition briefly stated are that it is averred in the writ petition that the Temple in question is one of the oldest private temple and the same was in a dilapidated condition. In the month of April 2008, the Villagers formed a Jeernorddhara Committee for renovation of Temple.
The petitioner No.1 was the working President and petitioner No.2 was the treasurer and respondent No.5 was the Secretary of the said committee. The aforesaid committee collected funds and renovated the temple. After completion of the renovation work, the accounts were audited by a Chartered Accountant. It is further averred in the writ petition that respondent No.5 filed a complaint before the office of the Lokayukta alleging misappropriation of funds. Therefore, a copy of the complaint was forwarded by the Registrar of Lokayukta to of Endowments Department of Hindu Religious and Charitable Endowments.
5. I have heard learned counsel for the parties and have perused the record. The petitioners are not even party to the aforesaid communication and no action against them has been taken. Therefore, at this point of time the writ petition is premature and no cause of action has accrued to the petitioner and therefore, I am not inclined to entertain the writ petition at this stage. However, the same is disposed of with liberty to the petitioners to take recourse to such remedy as may be available to the petitioners under law, if occasion so arises.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS