Smt Jayamma vs State Of Karnataka Represented on 18 January, 2013

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Karnataka High Court

Smt Jayamma vs State Of Karnataka Represented on 18 January, 2013

Bench: Dilip B Bhosale

                           1


      IN THE HIGH COURT OF KARNATAKA AT BANGALORE

          DATED THIS THE 18TH DAY OF JANUARY 2013

                          BEFORE

        THE HON'BLE MR. JUSTICE DILIP B BHOSALE

                  W.P.NO.30169/2012(GM/RC)

BETWEEN

SMT JAYAMMA
AGED ABOUT 55 YEARS
W/O CHANNAGANGAIAH
EX-GRAM PANCHAYAT PRESIDENT
R/O SITAKAL, URDAGERE HOBLI
TUMKUR TALUK & DISTRICT-572 101.

                                           ... PETITIONER

(By Sri. S B MUKKANNAPPA, ADV.,)


AND

1.    STATE OF KARNATAKA
      REPRESENTED BY ITS CHIEF SECRETARY
      VIDHANA SOUDHA
      DR AMBEDKAR VEEDHI
      BANGALORE - 1

2.    STATE OF KARNATAKA, REPRESENTED
      BY ITS PRINCIPAL SECRETARY
      DEPARTMENT OF REVENUE
      M S BUILDING
      DR AMBEDKAR VEEDHI
      BANGALORE-1
                             2


3.   THE COMMISSIONER
     HINDU CHARITABLE INSTITUTION & ENDOWMENT
     A V ROAD, CHAMARAJPET
     BANGALORE-10

4.   THE DY. COMMISSIONER
     TUMKUR DISTRICT
     TUMKUR-572 101

5.   THE ASST. COMMISSIONER
     TUMKUR SUB DIVISION
     TUMKUR - 572 101

6.   G K SIDDEOGWDA
     AGED ABOUT 65 YEARS
     S/O GANGAPPA
     PRESIDENT, SRI BYLANJANEYA TEMPLE
     KADUGUJJANAHALLI VILLAGE
     URDUGERE HOBLI
     TUMKUR TALUK & DISTRICT-572 101

7.   K P HANUMANTHARAYAPPA
     AGED ABOUT 60 YEARS
     S/O PUTTANARASAIAH (LATE)
     SECRETARY
     SRI BYLANJANEYA SWAMY SEVA SAMITHY
     KADUGUJJANAHALLI VILLAGE
     URDUGERE HOBLI
     TUMKUR TALUK & DISTRICT-572 101

                                          ... RESPONDENTS

(By Sri. E.S.INDIRESH, HCGP FOR R-1 TO R-5) THIS W.P. FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO R5 TO CONSIDER THE WRITTEN REPRESENTATION DT.30.6.12 OF THE PETIITONER AT ANN-O TO TAKE POSSESSION OF 3 SRI.ANJANEYA SWAMY TEMPLE SITUATED IN THE GOVT. LAND AT SY.NO.27, 28 OF KADUGUJJANAHALLI VILLAGE, URDUGERE HOBLI, TUMKUR TQ. & DIST. & CONSEQUENTLY DECLARE IT AS MUJARAI TEMPLE BY ISSUING NECESSARY NOTIFICATION UNDER KARNATAKA HINDU RELIGIOUS INSTITUTION & CHARITABLE ENDOWMENT ACT 1997 IN INTEREST OF PUBLIC UNDER THE FACTS & CIRCUMSTANCES OF THE CASE.

THIS W.P. COMING ON FOR PRLY. HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

PC:

Learned counsel for the petitioner does not press this writ petition and seeks liberty to the petitioner to make fresh representation to the 3rd respondent-Commissioner seeking declaration under Section 42 of the Karnataka Hindu Religious Institution & Charitable Endowment Act, 1997 (for short 'the Act') in respect of Sri Anjaneya Swamy Temple. The writ petition is disposed of as withdrawn with liberty as prayed.

It is needless to mention that, if the petitioner makes a representation, as aforementioned, within a period of four weeks from today, the concerned authority shall 4 consider and decide it on merits in accordance with law, within a period of 12 weeks therefrom.

I hope and trust that the concerned authority shall issue notice to respondents-6 and 7 before passing any order on the application that will be filed by the petitioner under Section 42 of the Act.

Sd/-

JUDGE TL

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