IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 29354/2015 (GM-R/C) BETWEEN SRI M.P RAGHAVENDRA RAO S/O LATE A. MAHABALA RAO AGED ABOUT 72 EYARS HEREDITARY MANAGING TRUSTEE SRI. VISHNUMURTHY TEMPLE AROOR, AROOR VILLAGE & POST UDUPI TALUK & DISTRICT-576213 (BY SRI. VISHWAJITH RAI M, ADV.) AND 1. THE STATE OF KARNATAKA REP BY THE SECRETARY REVENUE DEPARTMENT, MULTISTOREYED BUILDING, VIDHANA VEEDHI, BANGALORE-01 2. THE DEPUTY COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, UDUPI DISTRICT RAJATHADRI, MANIPAL-01 3. ZILLA DHARMIKA PARISHATH UDUPI DISTRICT RAJATHADRI, MANIPALA-01 REP BY ITS SECRETARY ... PETITIONER 4. RAJYA DHARMIKA PARISHATH HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, CHAMARAJPET, BANGALORE-18 REP BY ITS COMMISSIONER (BY SRI. V. SHIVAREDDY, HCGP FOR R1 & R2 R3 & R4 SD AND UNREPTD) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING ORDER ANNX-A; QUASH THE NOTIFICATION DT.4.7.2015 PASSED BY THE R-2 IN SO FAR AS IT RELATES APPOINTMENT OF ADMINISTRATOR IN RESPECT OF THE TEMPLE MENTIONED IN SL.NO.6 OF THE NOTIFICATION VIDE ANNX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Vishwajith Rai M., learned counsel for the petitioner.
Sri. V. Shivareddy, learned High Court Government Pleader for respondents 1 and 2.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks writ of certiorari for quashing the notification dated 04.07.2015 passed by the 2nd respondent insofar as it relates to the appointment of the Administrator.
3. When the matter was taken up today, learned counsel for the petitioner submitted that his claim with regard to the appointment as hereditary trustee is pending adjudication before the 4th respondent viz., Rajya Dharmika Parishath. Therefore, the writ petition may be disposed of with a direction to the Rajya Dharmika Parishath to decide the application filed by the petitioner in a time bound manner.
4. On the other hand, learned High Court Government Pleader for the respondents submits that suitable action in this regard shall be taken by the Rajya Dharmika Parishath.
5. In view of the submissions made and the facts of the case, petition stands disposed of with a direction to the Rajya Dharmika Parishath to consider and decide the application filed by the petitioner by a speaking order within a period of four months from today. Needless to state that the ad-interim order granted by a Bench of this Court dated 20.07.2015 shall continue. It is made clear that this Court has not expressed any opinion on the merits of the petition.
Accordingly, petition is disposed of.
Sd/- JUDGE VP