IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION Nos.17566-17567/2017 (GM-R/C) BETWEEN:
SRI M H RAVI BHAT S/O HARI BHAT, AGED ABOUT 40 YEARS R/O "SRI DURGA KIRAN" KALLIMARU, MUNDKUR, KARKALA TALUK, UDUPI DISTRICT-576 121 (BY SRI. AMRUTHESH C, ADV.) ... PETITIONER AND:
1. THE KARNATAKA STATE RELIGIOUS COUNCIL REP. BY MEMBER SECRETARY, STATE RELIGIOUS COUNCIL AND THE COMMISSIONER, HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS, GOVERNMENT OF KARNATAKA, S.V.ROAD, CHAMARAJPETE, BENGALURU-560 018 2. SRI RAMADAS ACHARYA S/O LATE JAYARAM ACHARYA, AGED ABOUT 54 YEARS CHIEF PRIEST "SRI DURGA PARAMESHWARI TEMPLE" MUNDKUR, R/O "GURUKULA" MUNDKUR POST & VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121 3. SRI SANJEEV KARKERA S/O PISARA SUVARNA, AGED ABOUT 56 YEARS R/O "LAKSHMI KRUPA", PILIMANDE POST, MUNDKUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121 4. SMT SUJATHA S SHETTY W/O SUBODH SHETTY, AGED ABOUT 55 YEARS R/O SACHARI PARARI, SACHARIPETE POST, MUNDKUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121 5. SMT NALINAKSHI W/O RAJU T SHERIGARA, AGED ABOUT 49 YEARS R/O KADUPU, KARIYA HOSAMANE, MUNDKUR POST & VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121 6. SRI M SUDHAKAR SHETTY S/O MANSA SHETTY, AGED ABOUT 61 YEARS R/O "GURUPRASADA" MUNDKUR POST, MALLADKA VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121 7. SRI M VADIRAJA SHETTY S/O SHYAM SHETTY, AGED ABOUT 67 YEARS R/O "RAJA GRUHA", JARI KATTE, MUNDKUR POST & VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121 8. SRI SURENDRA S SHETTY S/O SADASHIVA SHETTY, AGED ABOUT 53 YEARS R/O KORIBETTU GUTTU, MUNDKUR POST, MALLADKA VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121 9. SMT. ASHA M SHETTY W/O MOHAN SHETTY, MAJOR, ANISHA SHIMANTURU VILLAGE, PANJINADKA POST, MANGALURU TALUK-575 001 10. SRI KRISHNA POOJARY S/O PADDU POOJARY, AGED ABOUT 58 YEARS R/O "TEJASWINI NIVAS" BANDROTTU, MUNDKUR POST & VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121 ... RESPONDENTS (BY SRI SUDESH KUMAR ACHARYA U, ADV. FOR C/R7 SRI LAKSHMINARAYANA, AGA. FOR R1) THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ORDER DTD.08.02.2017, PASSED BY THE R-1 VIDE ANNEX-L AND DIRECT THE R-1 TO CONSIDER THE OBJECTIONS FILED BY THE PETITIONER ON 18.01.2017 VIDE ANNEX-A.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Government Advocate to accept notice for respondent No.1 and file memo of appearance in four weeks.
2. Respondent No.7 has entered caveat. Learned counsel for respondent No.7 would point out that against the order impugned herein, an appeal is provided under Section 63A of the Karnataka Hindu Religious Institutions and Charitable Endowments Act.
3. In that view, learned counsel for the petitioner seeks leave to withdraw this petition and avail the remedy of appeal. Accordingly, these petitions are disposed of with liberty to the petitioners to avail their remedies in accordance with law.
Registry to return the papers sought by the learned counsel for the petitioner Sd/- JUDGE akc/bms