IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.45002/2017 (GM-R/C) BETWEEN:
SRI RAGHUVEER SHENOY S/O LATE MADHAV SHENOY AGED ABOUT 39 YEARS R/AT #8-56(2), JAINPETE MUNDKUR VILLAGE AND POST, KARKALA TALUK UDUPI DISTRICT-576121 (BY SRI AMRUTHESH C, ADV.) AND:
1. THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS, GOVERNMENT OF KARNATAKA S.V.ROAD, CHAMARAJPETE BENGALURU-560018 2. THE DEPUTY COMMISSIONER HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS UDUPI DISTRICT, RAJATHADRI MANIPAL, UDUPI DISTRICT-576104 (BY SRI LAKSHMINARAYANA, AGA.) ... PETITIONER ... RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 17.07.2017, MARKED AS ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Government Advocate to accept notice for respondents No. 1 and 2. He is permitted to file memo of appearance in four weeks.
2. The petitioner is before this Court seeking issue of mandamus to direct the respondents to consider the representation dated 17.07.2017 as at Annexure-D to the petition.
3. The constitution of the Managing Committee to the Temple in question was made through the order dated 08.02.2017. The petitioner at that point in time is stated to have made an application in response to the notification. Though the petitioner was not included in the Committee for Management, the petitioner contends that one other Committee Member who is shown at Sl.No.5 in the order dated 08.02.2017 has subsequently resigned. In that light, the petitioner has made a representation dated 17.07.2017 as at Annexure-D requesting the competent authority that the candidature of the petitioner be considered to fill up the vacant post in the Managing Committee. Since such representation has not been considered, the petitioner is before this Court.
4. Learned Government Advocate who has accepted notice would submit that the petitioner at this stage cannot claim any right to be nominated to any vacant post in the Committee. It is his submission that even in respect of the posts that would fall vacant subsequently, a notification is required to be made, applications are to be invited and thereafter the same is to be filled up.
5. If that be the position, the respondents shall take note of the representation of the petitioner and if any steps are to be taken for filling up the vacant posts, the same shall be taken as provided in law thereafter. Hence for the limited purpose, respondent No.1 is directed to take note of the representation and take further steps in accordance with law.
6. To enable such consideration, the petitioner shall file one more copy of the representation along with a copy of this order. The steps to fill up the vacant posts if any, shall be taken by respondent No.1 in an expeditious manner, but not later than three months from the date on which a copy is submitted.
The petition is disposed of accordingly.
Sd/- JUDGE hrp/bms