Sri Manjuantha Archaka vs State Of Karnataka on 10 December, 2021

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Karnataka High Court

Sri Manjuantha Archaka vs State Of Karnataka on 10 December, 2021

Bench: Krishna S.Dixit

                              1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF DECEMBER, 2021

                           BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

         WRIT PETITION NO.22617 OF 2021 (GM-R/C)

BETWEEN:
SRI MANJUANTHA ARCHAKA
S/O SR SHEHSAIAH ARCHAKA,
AGED 65 YEARS,
R/AT HATTIYANGADI VILLAGE,
KUNDAPURA TALUK, UDUPI DISTRICT.

                                          ...PETITIONER
(BY SRI. VINAYAKAB.VISHNU BHATTAA, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY THE PRINCIPAL SECRETARY
       DEPARTMENT OF HINDU RELIGIOUS
       & CHARITABLE ENDOWMENTS
       M.S. BUILDING,
       BENGALURU - 560 001.

2.     KARNATAKA RAJYA DHARMIKA PARISHAT
       2ND FLOOR, SRI MALEMAHADESHWARA,
       VARTA BHAVAN,
       ALUR VENKATARAO ROAD,
       CHAMARAJPET, BENGALURU
       REPRESENTED BY THE COMMISSIONER

3.     THE DEPUTY COMMISSIONER
       HINDU RELIGIOUS & CHARITABLE
       ENDOWMENTS AND PRESIDENT
       JILLA DHARMIKA PARISHAT
       UDUPI, UDUPI DISTRICT - 576 101.

4.     THE ASSISTANT COMMISSIONER
       HINDU RELIGIOUS & CHARITABLE
       ENDOWMENTS AND PRESIDENT
       JILLA DHARMIKA PARISHAT
                                 2

     UDUPI, UDUPI DISTRICT - 576 101.
                                          ...RESPONDENTS

(BY SRI. SHRIDHAR HEGDE, HCGP FOR R1, R3 AND R4;
SMT.SADHANA DESAI, ADVOCATE FOR R2)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R2 TO MAKE A RECOMMENDATION TO THE STATE
GOVERNMENT U/S 20-A(v) OF THE KARNATAKA HINDU
RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS
ACT, 1977 TO ISSUE DE-NOTIFICATION OF SRI MARALA DEVI
TEMPLE FROM THE NOTIFIED LIST DATED 30.04.2003 IN
ANNEXURE-B PREPARED U/S 23 OF THE ACT BY CONFIRMING
THE ORDER DATED 06.06.2018 PASSED AS PER ANNEXURE-A;
AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The short grievance of the petitioner is as to non- consideration of his representation dated 16.04.2021, wherein he has sought for de-notification of the temple in question from the notified list dated 30.04.2003 made under Section 23 of the Hindu Religious Institutions And Charitable Endowments Act, 1997; learned counsel for the petitioner submits that the recommendation made by respondent No.2 supports his claim for de-notification.

2. Learned HCGP on request having accepted notice for respondent Nos.1, 3 & 4, initially opposed the writ petition contending that writ jurisdiction cannot be invoked for the 3 prayers of the kind; however, now he agrees with the suggestion of this Court that the respondents shall consider the subject representation, in accordance with law and in a time bound way; this is appreciable.

In the above circumstances, this writ petition disposed off.

Time for compliance is eight weeks. All contentions are kept open.

Now, no costs.

Sd/-

JUDGE DS

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