IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.306 OF 2018 (GM-R/C) BETWEEN:
SRI VEERANNA S/O LATE RUDRAMADAPPA AGED ABOUT 55 YEARS SREE VEERABADRASWAMY TEMPLE HALAGOOR GRAMA MALAVALLI TALUK MANDYA DISTRICT – 571 402.
… PETITIONER (BY SRI.SURENDRA KUMAR N, ADV.) AND:
1. THE SECRETARY DEPARTMENT OF REVENUE MUJARI BRANCH MULTISOTRIED BUILDING BANGALORE – 01.
2. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA – 571401.
3. THE TAHASILDAR MAVALLI TALUK MALAVALLI – 571 402.
… RESPONDENTS (BY SRI.V SHIVAREDDY, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO KEEP IN MIND THAT THE LETTERS ADDRESSED BY THE SECOND RESPONDENT – ADDITIONAL DEPUTY COMMISSIONER, 3RD RESPONDENT – TAHSILDAR LETTER DATED 24.03.2015, 03.07.2015 VIDE ANNEXURE – F AND G AND LETTER DATED 29.05.2017 ADDRESSED BY THE COMMISSIONER, DEPARTMENT OF RELIGIOUS ENDOWMENT, BANGALORE TO ADDL. DEPUTY COMMISSIONER, MANDYA VIDE ANNEXURE – K AND THEREBY FIX THE TASTIK ALLOWANCE OF RS.25,292/- PER ACRE IN VIEW OF THE DIFFERENT EXTENT OF LAND ENDOWED TO THE DEITY OF SREE VEERABHADRA SWAMY OF HALAGUR VILLAGE, MALLAVI TALUK, MANDYA DISTRICT AND VESTED TO THE GOVERNMENT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Surendra Kumar N., learned counsel for the petitioner.
Sri. V. Shivareddy, learned High Court Government Pleader for the respondents.
2. In this petition, the petitioner is seeking for a writ of mandamus directing the respondents to keep in mind that the letters addressed by the 2nd respondent – Additional Deputy Commissioner, 3rd respondent–Tahsildar letter dated 24.03.2015, 03.07.2015 produced at Annexure – F and G and letter dated 29.05.2017 addressed by the Commissioner, Department of Religious Endowment, Bangalore to Additional Deputy Commissioner, Mandya produced at Annexure – K and thereby fix the Tastik Allowance of `25,292/- per acre in view of the different extent of land endowed to the deity of Sree Veerabhadra Swamy of Halagur Village, Mallavi Taluk, Mandya District vested to the Government .
3. When the matter was taken up today, learned counsel for the petitioner submitted that writ petition be disposed of with a liberty to the petitioner to file representation to the competent authority and the competent authority be directed to decide the same in accordance with law.
4. On the other hand, learned High Court Government Pleader for respondents submitted that in case such a representation is made by the petitioner, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made to the competent authority within a period of two weeks from the date of receipt of certified copy of the order passed today, the same shall be decided by the competent authority in accordance with law by a speaking order within a period of four months from the date of receipt of such a representation.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE Mds/-