IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.20366 OF 2014 (GM – R/C) Between:
Nagappa, S/o Muda Thammbadi, Aged 47 years, Saradi Archak, Thammdigeri, Malai Mahadeshwara Swamy Temple, Kollegal Taluk, Chamarajnagar District.
... Petitioner (By Smt. K.K.Thayamma, Advocate - Absent) And:
1. The State of Karnataka, Represented by its Chief Secretary, Department of Hindu Religious Institutions and Charitable Endowments, M.S. Building, Bangalore – 560 001.
2. The Commissioner for Hindu Religious Institutions and Charitable Endowments, Mahadeshwara Bhavan, Chamarajpet, Bangalore – 560 018.
3. The Deputy Commissioner, Chamarajanagar District, Chamarajanagar.
4. The Executive Officer, Sri.Malai Mahadeshwara Swamy Temple, Malai Mahadeshwara Hills, Kollegal Taluk.
(By Sri.V.Shivareddy, HCGP) ... Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notification issued on 16.03.2013 in part IV – A of Official Gazette vide Annexure – C appointing new members to the Board and etc., This Petition coming on for Preliminary Hearing in 'B' Group, this day, the Court made the following:-
ORDER None for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondents.
In this petition, the petitioner inter alia seeks for quashment of notification dated 16.03.2013 issued by the respondent – State Government by which new members to the Board have been appointed to manage the affairs of the Temple in question.
2. When the matter was taken up today, learned High Court Government Pleader submitted that the Temple in question is a Muzarai Temple and the respondents have constituted the Board for the purpose of better management of the affairs of the Temple. It is further submitted that the petitioner, who is an Archak, has no locus to challenge the Constitution of the board as the rights of the petitioner is in no way being infringed as the decision to Constitute a board has been taken for better administration of the Temple.
3. In view of the aforesaid submission and taking into account the fact that no statutory right vests in the petitioner to be in the Board as its member and it is the prerogative of the State Government under the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 and in the absence of any legal right of the petitioner to question the action of the respondent – State Government, the writ petition fails and is hereby dismissed.
sd/- JUDGE dn/-