IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38070 OF 2017 (GM-R/C) BETWEEN:
SRI S N KEMPANNA S/O K. NANJUNDAPPA, AGED 54 YEARS, NO.E-1446/1, 13TH CROSS, J.P. NAGARA 1ST PHASE, GANESHA TEMPLE COMPOUND, SARAKKI VILLAGE, J.P. NAGARA, BANGALORE 560078.
(By MR. JAGADEESHACHARI, ADV.) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY, RELIGIOUS AND ENDOWMENT DEPARTMENT, M.S. BUILDING, BANGALROE 560001.
2. THE DEPUTY COMMISSIONER (MUJARAI UNIT) BANGALORE URBAN DISTRICT, BANGALORE 560 009.
3. THASILDAR (MUJARAI) BANGALORE SOUTH TALUK, BANGALORE 560009.
4. SRI. CHANNAPPA S/O RUDRAPPA, AGED 53 YEARS, NO.130, SARAKKI VILLAGE, … PETITIONER J.P. NAGARA 1ST PHASE, BANGALORE 560078.
(By MR. V SHIVAREDDY, HCGP FOR R-1 TO 3 MR. SHARATH S GOWDA, ADV. FOR R-4) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS TO CONSIDER THE REPRESENTATION AT ANEX-G DATED 17.3.2017 BY WAY OF WRIT OF MANDAMUS; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Jagadeeshachari, learned counsel for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondent Nos.1 to 3.
Sri.Sharath S.Gowda, learned counsel for the respondent No.4.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. When the matter was taken up today, learned counsel for the petitioner submits that the petition be disposed of with a direction to consider and decide the representation. On the other hand, learned counsel for the respondent No.4 submits that he is performing the duties of the post of Archak and he should also be heard.
4. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with a direction to the competent authority to consider and decide the representation submitted by the petitioner, if not already decided, by a speaking order in accordance with law after affording an opportunity of hearing to the petitioner as well as respondent No.4 within a period of four months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV