IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION NO.19282 OF 2015 (GM-R/C) BETWEEN:
SRI.MURALIDHARA UPADHYAYA AGED ABOUT 58 YEARS S/O LATE NARAYANA UPADHYAYA ”UPADIVANTHA”, (VAIDIKA) KATEEL SHREE DURGA PARAMESHWARI TEMPLE KATEEL, MANGALURU-575 001. PETITIONER (BY SRI. UDAYA PRAKASH M., ADVOCATE) AND:
1. THE STATE OF KARNATAKA HINDU RELIGIOUS ENDOWMENT DEPARTMENT M.S. BUILDING BENGALURU-560 001 REPRESENTED BY ITS COMMISSIONER 2. THE DEPUTY COMMISSIONER HINDU RELIGIOUS ENDOWMENT DEPARTMENT D.K. DISTRICT MANGALURU-575 001.
3. SHREE DURGA PARAMESHWARI TEMPLE KATEEL, MANGALURU TALUK-575 001 REPRESENTED BY ITS ADMINISTRATOR 4. SRI. VASUDEVA ASRANNA AGED ABOUT 70 YEARS S/O SRINIVASA ASRANNA 5. SRI. DEVI KUMAR ASRANNA AGED ABOUT 32 YEARS S/O VASUDEVA ASRANNA 6. SRI. VENKATRAMANA ASRANNA AGED ABOUT 55 YEARS S/O SRINIVASA ASRANNA 7. SRI. ANANTHAPADMANABHA ASRANNA AGED ABOUT 47 YEARS 8. SRI KAMALADEVI PRASAD ASRANNA AGED ABOUT 45 YEARS 9. SRI. SRI. HARINARAYANADASA ASRANNA AGED ABOUT 42 YEARS NO. 7 TO 9 ARE CHILDREN OF LATE SADANANDA ASRANNA.
10. SRI. SADANANDA ASRANNA AGED ABOUT 20 YEARS S/O KAMALADEVI PRASAD ASRANNA 11. SRI. SRINIDHI ASRANNA AGED ABOUT 18 YEARS S/O SRI HARINARAYANADASA ASRANNA 12. SRI. SRIKARA ASRANNA AGED ABOUT 18 YEARS S/O ANANTHAPADMANABHA ASRANNA 13. SRI LAXMINARAYANA ASRANNA AGED ABOUT 64 YEARS S/O GOPALAKRISHNA ASRANNA 14. SRI GOPALA KRISHNA ASRANNA AGED ABOUT 22 YEARS S/O LAXMINARAYANA ASRANNA NO. 4, 5, 7 & 12 ARE RESIDENTS OF KONDEMULLU VILLAGE, KATEEL MANGALURU TALUK – 575 001.
NO. 6, 8, 10 ARE RESIDENTS OF BADAGA YEKKAR VILLAGE OF MANGALURU TALUK, NO.9, 11, 13 & 14 ARE THE RESIDENTS OF NADUGODU VILLAGE OF MANGALURU TALUK-575 001.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH, HCGP FOR R1 & R2, SRI. NATARAJ BALLAL, ADVOCATE FOR R-3 SRI. JAYANTH DEVKUMAR, ADVOCATE FOR R-4 TO R-11 SRI. PRASANNA V.R., ADVOCATE FOR R-13 & R-14 R-12 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO R-1 & 2 TO INITIATE ACTION TO REMOVE R-4 TO 14 FROM THE REGISTER AND TAKE UP ACTION FOR LAUNCHING APPROPRIATE PROSECUTION AGAINST THE R-4 TO 14 OR ANYBODY CLAIMING UNDER THEM AFTER INVESTIGATING, AFFORDING OPPORTUNITY TO ALL THE PARTIES AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner who claims to be an employee working at Shree Durga Parameshwari Temple, Kateel, Mangaluru is before this Court for a writ of mandamus directing respondent Nos.1 and 2 to initiate action to remove respondent Nos.4 to 14 from the registry/temple and take up action for launching appropriate prosecution against respondent No.4-10 or anybody claiming under them after investigating, affording opportunity to all the parties.
2. In the entire Writ Petition, he has not stated on what basis writ of mandamus can be issued and there is no demand in the Writ Petition. In the absence of any demand and in the absence of a right, the very Writ Petition filed by the petitioner is not maintainable.
3. At this stage, learned Counsel for the petitioner files a memo to withdraw the Writ Petition.
4. Accordingly, Writ Petition is dismissed as withdrawn.
In view of dismissal of this Writ Petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed off.
Sd/- JUDGE Prs*