IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.9248-49 OF 2019 (GM-R/C) BETWEEN:
1. SRI.LAKSHMI NARAYANA KARABA S/O RAMANNA KARABA AGEDA BOUT 84 YEARS R/A MARLI, NALKURU UDUPI TALUK & DISTRICT – 576 101.
2. SRI.BALAKRISHNA KARABA S/O LAKSHMI NARAYANA KARABA AGED ABOUT 55 YEARS OCC: PRSENT HEAD PRIEST SRI.MAHAGANAPATHI TEMPLE [VINAYAKA TEMPLE] MARALI R/AT MARALI, NALKURU UDUPI TALUK & DISTRICT – 576 101. (By Mr.NAGARAJA H.R., ADV.) AND:
1. THE COMMISSIONER … PETITIONERS HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS CHAMARAJPET BENGALURU – 576 101.
2. THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS UDUPI – 576 101.
3. THE COMMITTEE OF MANAGEMENT SRI.MAHAGANAPATHI TEMPLE (VINAYAKA TEMPLE) MARALI, NALKURU UDUPI TALUK & DISTRICT REPRESENTED BY ITS PRESIDENT – 576 101.
4. SRI.HRISHKESH BAYARI OCCUPATION: PRIEST AGE: MAJOR FATHER NAME NOT KNOWN TO THE PETITIONERS R/O BARKUR, UDUPI TALUK & DISTRICT 576 101.
5. VEDAMURTHY SRI.SUBRAMANYA ADIGA OCCUPATION: PRIEST AGE: MAJOR FATHER NAME NOT KNOWN TO THE PETITIONERS R/O KOTA, UDUPI TALUK & DISTRICT 576 101.
6. SRI.MAHAGANAPATHI TEMPLE (VINAYAKA TEMPLE) MARALI, NALKURU UDUPI TALUK & DISTRICT – 576 101 REPRESENTED BY COMMITTEE OF MANAGEMENT … RESPONDENTS (By Mr.V.SHIVAREDDY, HCGP) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ACTION / DECISION OF THE R-3 IN DENYING THE RIGHTS OF THE PETITIONERS TO PERFORM THE RELIGIOUS RITUALS, CEREMONIES OF THE R-6 TEMPLE DURIGN THE UTSAVA TOI BE HELD FROM 22.2.22019 TOI 24.02.2019 AS ILLEGAL AND ARBITRARY.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Issue Emergent Notice to respondent Nos.3 to 6 Mr.Nagaraja H.R., learned counsel for the petitioners.
Mr.V.Shivareddy, learned High Court Government Pleader for respondent Nos.1 and 2.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. When the matters were taken up today, learned counsel for the petitioners submits that the petitioner is a Pradhan Archak. However, the functions are scheduled to be held on 22.02.2019 till 25.02.2019. It is further submitted that the petitioner who is a Pradhan Archak has not been consulted in respect of functions, which are to be held in the Temple, which constitutes violation of rights under Section 11 of the Hindu Religious Institutions and Charitable Endowments Act, 1997.
4. In view of the aforesaid submission, it is directed that the functions, if any, in the temple shall be held in the presence of the petitioner and he shall be allowed to participate in the function.
5. Learned counsel for the petitioners undertakes not to create any hindrance or disturbance in the functions of the Temple, which are scheduled to be held. The aforesaid undertaking is taken on record.
According, the petitions are disposed of.
Sd/- JUDGE SS