IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.47094 OF 2017 (GM-R/C) BETWEEN:
SRI P.C.THIPPESWAMY S/O LATE C.THIPPESWAMY, AGED ABOUT 52 YEARS, R/O NAYAKANAHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 501. ...PETITIONER (By Sri M.V.V.RAMANA, ADVOCATE – ABSENT-) AND:
1. THE COMMISSIONER, DEPARTMENT OF HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, 2ND FLOOR, SRI MALE MAHADESWARA VARTHA BHAVAN, ALUR VENKAT RAO ROAD, CHAMARAJ PET, BENGALURU-560 008.
2. SRI GURU THIPPERUDRASWAMY TEMPLE REPRESENTED BY THE EXECUTIVE OFFICER, NAYAKANA HATTI VILLAGE, CHELLAKERE TALUK, CHITRADURGA DISTRICT-577 501.
3. THE DEPUTY COMMISSIONER AND PRESIDING OFFICER, ATTACHED TO THE DEPARTMENT OF HINDU RELIGIOUS ENDOWMENT, CHITRADURGA-577 501. ...RESPONDENTS (By Sri V.SHIVAREDDY, HCGP) THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO APPOINT THE PETITIONER AS A SUBSTITUTE ARCHAK AS PER ANNEXURE-B DTD:30.6.2017 AND DIRECT THE R-2 TO PERMIT THE PETITIONER TO PERFORM ALL THE RITUALS IN THE TEMPLE WHENEVER IT IS REQUIRED.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appears for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondents.
2. The petition is admitted for hearing. In this petition filed under Article 226 of the Constitution of India, the petitioner interalia seeks for a direction to the first respondent- Commissioner, Department of Hindu Religious and Charitable Endowments to consider his case as an Archak.
3. When the matter was taken up today, learned High Court Government Pleader fairly submitted that the claim of the petitioner for appointment as an Archak shall be dealt with under Rule 12 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997.
4. In view of the aforesaid submission and in facts of the case, petition is disposed of with a direction to the first respondent to consider the claim of the petitioner to appoint him as a substitute Archak to the second respondent – Sri.Guru Thipperudraswamy Temple, by a speaking order within a period of three months.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, this writ petition is disposed of.
Sd/- JUDGE DH