IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.4523-532 OF 2019 (GM-R/C) BETWEEN:
1. SRI SHAKTHI KARIMARIYAMMA DEVALAYA SAMITHI(REGD) VIDYANAGARA CROSS, JALA HOBLI BETTA HALASUR POST BENGALURU-562157 REPRESENTED BY ITS SECRETARY SRI P RENU GOPAL 2. SRI S PALANISWAMY S/O SOLLIAPPA AGED ABOUT 70 YEARS R/O NO.357, VIDYANAGAR CROSS VENKATESHWARA ENTERPRISES BETTAHALASURU BENGALURU-562157 3. SRI VENKATESH S/O VENKATACHALAIAH AGED ABOUT 48 YEARS R/O NO.235, VIDYANAGAR CROSS VENKATESHWARA ENTERPRISES BETTAHALASURU BENGALURU-562157 4. SRI BOMMASWAMY R S/O RAJU AGED ABOUT 45 YEARS R/A VIDYANAGAR SUBHASHNAGAR GOVERNMENT SCHOOL SUBHASHNAGAR, CHIKKAJALA BENGALURU NORTH BENGALURU 5. SRI RENUGOPAL P S/O S PALANISWAMY AGED ABOUT 51 YEARS R/A NO.357, VIDYANAGAR CROSS SONAPPANAHALLI BETTAHALASURU BENGALURU-562157 6. SRI RAMESH S/O APPAYANNA AGED ABOUT 46 YEARS R/A 245, ATM LAYOUT VIDYANAGAR CROSS BETTAHALASURU BENGALURU-562157 7. SRI S T NARAYANASWAMY S/O S THAMMANNA R/A VIDYANAGAR CROSS BETTAHALASURU BENGALURU-562157 8. SRI RAJU S/O MACHIMUTHU AGED ABOUT 48 YEARS R/A NO.228, SUBHASHNAGAR VIDYANAGAR CROSS BETTAHALASURU BENGALURU NORTH TALUK 9. SRI M KUMAR S/O MADHAPPA AGED ABOUT 38 YEARS R/A NO.434, VIDYANAGAR CROSS SONAPPANAHALLI BETTAHALASURU BENGALURU NORTH TALUK 10.SRI P NARAYANA S/O S PALANISWAMY AGED ABOUT 35 YEARS R/A NO.357, VIDYANAGAR CROSS SONAPPANAHALLI BETTAHALASURU BENGALURU-562157 (By MR.M SREENIVASA, ADV.) … PETITIONERS AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE AND MUJURAI VIDHANA SOUDHA BENGALURU-560001 2. THE COMMISSIONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENT M S BUILDING BENGALURU-560001 3. DEPUTY COMMISSIONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BENGALURU URBAN DISTRICT BENGALURU-560009 4. ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BENGALURU NORTH ZONE DC COMPOUND BENGALURU-560001 5. TALUK EXECUTIVE MAGISTRATE AND TAHSILDAR YELAHANKA BENGALURU NORTH TALUK BENGALURU 6. THE DEPUTY TAHSILDAR NADAKACHERI, JALA HOBLI JALA BANGALORE NORTH TALUK BANGALORE-562157 7. THE DISTRICT REGISTRAR ALI ASKAR ROAD BENGALURU-560001 8. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES ZONE-1, BENGALURU URBAN DISTRICT NO.146, 2ND MAIN ROAD 8TH CROSS, MARGOSA ROAD MALLESWARAM BENGALURU-560003 9. SRI R VENKATESH S/O RAMASWAMY, AGED ABOUT 62 YEARS R/AT NO.96, 1ST CROSS, 1ST MAIN, CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU-562157.
10. SRI E RAVI S/O ESHWARAN, AGED ABOUT 44 YEARS R/AT NO.172, VIDYANAGAR CROSS, BETTAHALASURU POST, JALA HOBLI, BENGALURU.
11. SRI P KESHAVAMURTHY S/O PALANASWAMI, AGED ABOUT 50 YEARS, R/AT VIDYANAGAR CROSS, BETTAHALASURU POST, JALA HOBLI, BENGALURU.
12. SRI SHAKTIVELU S/O KUPPASWAMY, AGED ABOUT 46 YEARS, R/O NO.96, 1ST CROSS, 1ST MAIN, CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU-562157.
13. SRI GOVINDARAJU T S/O THYAGARAJU, AGED ABOUT 42 YEARS R/O VIDYANAGAR CROSS, JALA HOBLI, BENGALURU-562157.
14. SRI B ASHOK S/O BANGARU, AGED ABOUT 46 YEARS, R/O VIDYANAGAR CROSS, JALA HOBLI, BENGALURU-562157.
15. SRI JAGANNATH S/O MANI, AGED ABOUT 45 YEARS R/AT VIDYANAGARA CROSS, JALA HOBLI, BENGALURU-562157.
16. SRI R RAJU S/O RAMASWAMY, AGED ABOUT 70 YEARS, R/O BAGALUR CROSS, IAF POST, BANGALORE NORTH TALUK, BENGALURU-5600064.
17. SRI THANGARAJU A R S/O LATE RAMASWAMY, AGED ABOUT 62 YEARS, VIDYANAGAR CROSS, BETTAHALASURU POST, BANGALORE NORTH TALUK, BANGALORE-562157.
(By MR.SRIDHAR HEGDE, HCGP FOR R1-R8, MR.G RAVISHANKAR, ADV. FOR R9-R17) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 5 MUJARAI DEPARTMENT TO TAKE OVER THE INSTITUTION AND INCLUDE IN PETITIONER TEMPLE IN THE LIST OF LIST OF TEMPLES MAINTAINED BY THE DEPARTMENT OF MUJARAI AS CHAPTER-2 CLAUSE-3 OF THE KARNATAKA HINDU RELIGIOUS AND CHARITABLE INSTITUTIONS RULES 2002 AS IT BEING COMING UNDER CATEGORY 'A' AS RECOMMENDED BY THE RESPONDENT TAHASILDAR; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.Sreenivasa, learned counsel for the petitioners.
Mr.Sridhar Hegde, learned High Court Government Pleader for the respondent Nos.1 to 8.
Mr.G.Ravishankar, learned counsel for the Sri.S.V.Bhat, learned counsel for the respondent Nos.9 to 17.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners have prayed for the following reliefs:
a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents Nos.2 to 5 Mujarai Department to take over the institution and include in petitioner Temple in the list of temples maintained by the Department of Mujarai as Chapter – 2 Clause -3 of the Karnataka Hindu Religious and Charitable Institutions Rules 2002 as it being coming under Category ‘A’ as recommended by the respondent Tahsildar.
b. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent No.8 Joint Registrar of Co-operative Societies to consider and dispose of the dispute pending pursuant to the representation Annexure-A dated 23.5.2018 for renewal of the petitioners Committee of Management.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the issue whether or not the temple should be taken over by the Department of Mujarai, is pending consideration before the Deputy Commissioner since January 2019. However, till today, no decision in the matter has been taken and the petitions be disposed of with a direction to the Deputy Commissioner to decide the issue pending before him in a time bound manner.
5. On the other hand, learned Additional Government Advocate submits that suitable action in accordance with law shall be taken.
6. In view of the aforesaid submissions and in the facts of the case, the petitions are disposed of with a direction to the Deputy Commissioner to decide the issue pending before it with regard to taking over of the management of the temple by the Mujarai Department by a speaking order after affording an opportunity of hearing to the petitioners and respondent Nos.9 to 17 within a period of two 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 with regard to the merits of the claim of rival parties.
7. In view of the disposal of the petitions, the pending interlocutory application does not survive for consideration and is accordingly, disposed of.
Sd/- JUDGE RV