IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4352 OF 2017 (GM-R/C) BETWEEN:
U.GANESH BHAT SON OF LATE VASUDEVA BHAT AGED ABOUT 28 YEARS RESIDENT OF KRISHNA MANDIRA RAGAVENDRA MUTT ROAD UCHILLA, UDUPI TALUK UDUPI – 576 104.
(By Mr.HARISH GANAPATHY, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY … PETITIONER DEPARTMENT OF HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE – 560 001.
2. THE COMMISSIONER HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENT CHAMARAJPET, BANGALORE – 560 018 3. THE DISTRICT COMMISSIONER HINDU REGLIGIOUS INSTITUTION AND CHARITABLE ENDOWMENT RAJATHADRI, MANIPAL UDUPI TALUK UDUPI – 576 104.
4. THE ASSISTANT COMMISSIONER HINDU RELIGIOUS INSTITUION AND CHARITBLE ENDOWMENT RAJATHADRI, MANIPAL UDUPI TALUK UDUPI – 576 104.
5. THE ADMINISTRATIVE OFFICER SRI.MAHALINGESWARA MAHAGANAPATHI TEMPLE, UCHILLA, UDUPI TALUK UDUPI DISTRICT – 576 104.
… RESPONDENTS (By SMT.H.C.KAVITA, HCGP FOR R1-R5) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERDATED 01.06.2016 PASSED BY R3 BY DISQUALIFYING THE PETITIONER FROM THE HEREDITARY TRUSTEE AND ARCHAKA OF THE SRI.MAHALINGESWARA MAHAGANAPATHI TEMPLE, UCHILLA, UDUPI TALUK AND DISTRICT AT ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Harish Ganapathy, learned counsel for the petitioner.
Smt.H.C.Kavita., learned High Court Government Pleader the respondents.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Issue a writ of certiorari to quash the order bearing No.kra D V S, ADM,CR/79/2013-14 dated 01.06.2016 passed by the 3rd respondent by disqualifying the petitioner from the hereditary trustee and Arachaka of the Sri.Mahalingeswara Mahaganapathi Temple Uchilla, Udupi Taluk and District produced at Annexure-H.
(b) Issue a writ of mandamus directing the respondents to allow the petitioner to continue as Archaka and hereditary trustee of Sri.Mahalingeswara Mahaganapathi Temple Uchilla, Udupi Taluk and District until the final judgment in C.C.No.07/2017 produced at Annexure-G which is pending before Principal Senior Civil Judge and CJM at Udupi.
(c) Grant any other relief or reliefs as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice and equity.
4. When the matter was taken up today, learned High Court Government Pleader submitted that the petitioner has a remedy of filing an appeal against the impugned order under Section63(a)(2) of the Karnataka Hindu Religious and Charitable Endowments Act, 1997.
5. In view of the aforesaid submission, learned counsel for the petitioner submits that he be granted liberty to file an appeal.
6. In view of the aforesaid submission, the writ petition is disposed of with a liberty to the petitioner that in case the petitioner files an appeal within a period of two weeks from the date of receipt of the certified copy of the order passed today, the petitioner shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963 and the appeal preferred by the petitioner shall be decided on merits by the appellate authority.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS