IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 30495/2015 (GM-R/C) BETWEEN SRI. UMESH KULAL MANCHI S/O LATE HOOVAIAH.B., AGED ABOUT 80 YEARS, R/AT MANCHI VILLAGE, BANTWAL TALUK, D.K.DISTRICT-574 323 (BY SRI. G BALAKRISHNA SHASTRY, ADV.) AND ... PETITIONER 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT, VIDHANA SOUDHA, BENGALURU-560 001 2. THE COMMISSIONER/EX-OFFICIO SECRETARY RAJYA DHARMIKA PARISHATH, DEPT. OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT, GOVT. OF KARNATAKA, CHAMARAJPET, BENGALURU-560018 3. THE DEPUTY COMMISSIONER/ EX-OFFICIO SECRETARY ZILLA DHARMIKA PARISHATH, D.K.DISTRICT, MANGALORE-575 001 4. THE ASST. COMMISSIONER MANGALORE SUB-DIVISION, DEPT. OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT, MANGALORE, D.K.DISTRICT-575 001 5. SHREE PANOLIBAILU KALLURTI DAIVASTHANA SAJIPA MOODA VILLAGE, BANTWAL TALUK, D.K.DISTRICT-574219 REP BY ITS CHIEF EXECUTIVE OFFICER ... RESPONDENTS (BY SRI. V. SHIVAREDDY, HCGP FOR R1 & R3-R5 SRI. B.S.SACHIN, ADV. FOR R2 – ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DT.23.6.2015 ISSUED BY THE R-2 COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, VIDE ANNX-A FOLLOWED WITH LETTER DT.25.6.2015 ISSUED BY THE R-2 COMMISSIONER AND LETTER DT.27.6.2015 ISSUED BY THE R-3 VIDE ANNX-A1 AND A2 RESPECTIVELY IN SO FAR AS PROPOSING TO CONSTITUTE COMMITTEE OF MANAGEMENT TO THE R-5 DAIVASTHANA BY INVITING APPLICATIONS FROM THE GENERAL PUBLIC AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. G Balakrishna Shastry, learned counsel for the petitioner. Sri. V. Shivareddy, learned High Court Government Pleader for respondents 1, 3 to 5.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for issuance of writ of certiorari for quashing the notification dated 23.06.2015 passed by the 2nd respondent, namely, the Commissioner for Hindu Religious Institutions and Charitable Endowments. Petitioner has also prayed for issuance of writ of mandamus directing respondents 3 and 4 to consider the representations dated 24.06.1998 and 13.11.1998 contained in Annexures-B and C, before enforcing the provisions of Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the affairs of the temple in question are being managed by the Administrator and the writ petition may be disposed of with a direction to respondents 3 and 4 to consider and decide the representations dated 24.06.1998 and 13.11.1998 by passing a speaking order within a time limit and until then, the Administrator be directed to manage the affairs of the temple in question.
4. On the other hand, learned High Court Government Pleader submits that suitable action in accordance with law shall be taken.
5. In view of the submissions made and in the facts of the case, the petition is disposed of with a direction to respondents 3 and 4 to consider and decide the representations dated 24.06.1998 and 13.11.1998 contained in Annexures-B and C, by passing a speaking order within a period of four months from the date of receipt of a copy of this order. Till the representations are decided by respondents 3 and 4, the Administrator shall continue to manage the affairs of the temple in question. It is made clear that this Court has not expressed any opinion on the merits of the petition.
Accordingly, the petition is disposed of.
Sd/- JUDGE VP