Karnataka High Court
Sri Vittal Shetty vs The State Of Karnataka on 1 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:24354
WP No. 8263 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 8263 OF 2022 (GM-R/C)
BETWEEN:
1. SRI. VITTAL SHETTY,
S/O LATE MUDDANNA SHETTY,
AGED ABOUT 80 YEARS,
RESIDENT OF SHEDIKADLU,
POST MANDARTHI,
UDUPI TALUK AND DISTRICT - 576 223.
2. H. SHRIDHAR HEGDE,
S/O RAMANNA HEGDE,
AGED ABOUT 64 YEARS,
R/O HEGGUNJE VILLAGE,
GOWRI THOTA POST,
UDUPI TALUK AND DISTRICT - 576 223.
...PETITIONERS
Digitally
signed by (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
YAMUNA K L
Location: AND:
High Court of
Karnataka
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY
AND COMMISSIONER,
RELIGIOUS AND CHARITABLE ENDOWMENTS
DEPARTMENT, BENGALURU - 560 001.
2. H. DHANANJAYA SHETTY,
S/O BALAKRISHNA SHETTY,
AGED ABOUT 74 YEARS,
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WP No. 8263 of 2022
R/O HEGGUNJE CHAVADI VILLAGE,
MANDARTHI POST,
UDUPI TALUK AND DISTRICT - 576 223.
3. H. PRABHAKAR SHETTY,
S/O ANANTHA SHETTY,
AGED ABOUT 63 YEARS,
R/O HEGGUNJE KODLIJEDU,
HEGGUNJE HOSA MANE,
MANDARTHI POST,
UDUPI TALUK AND DISTRICT - 576 223.
4. SURENDRA SHETTY,
S/O RAMANNA SHETTY,
AGED ABOUT 79 YEARS,
R/O LAKSHMI SADANA,
HILIYANA VILLAGE AND POST,
UDUPI TALUK AND DISTRICT - 576 223.
5. SRINIVASA SHETTY,
S/O RAMANNA SHETTY,
R/O HEGGUNJE MELUMANE,
MANDARTHI POST,
UDUPI TALUK AND DISTRICT - 576 223.
6. SHAMBHU SHETTY,
S/O KALAPPA SHETTY,
R/O HEGGUNJE BADAMANE,
MANDARTHI POST,
UDUPI TALUK AND DISTRICT - 576 223.
...RESPONDENTS
(BY SRI. H.V. PRAVEEN GOWDA, ADVOCATE FOR R2 TO R6;
SMT. MAMATHA SHETTY, AGA FOR R1)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTION TO FILL IN
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WP No. 8263 of 2022
THE VACANCIES THAT HAVE ARISEN IN RAJAYA DHARMIKA
PARISHAT ENQUIRY COMMITTEE MORE PARTICULARLY THE
APPOINTMENT OF JUDICIAL MEMBER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioners are seeking for the following reliefs:
(i) Issue a writ of mandamus or any other appropriate order/direction to fill in the vacancies that have been arisen in Rajya Dharmika Parishat enquiry committee, more particularly the appointment of judicial member
(ii) Issue a writ of mandamus or any other appropriate order/direction directing the committee constituted by Government of Rajya Dharmika Parishat shall conclude the enquiry within a time bound period; and appoint hereditary trustees of each of the Heggunje family and appoint 5 persons from each family as hereditary trustees.
(iii) Pass such other orders as may be deemed just and proper in the circumstances of the case.
(iv) Award of costs of this petition, in the interest of justice and equity."
2. Heard learned Counsel for the petitioners and learned Counsel for the respondents and perused the material on record.
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3. The limited grievance of the petitioners in the present petition is that pursuant to the order dated 01.03.2019 passed in MFA.No.4871/2018 by this Court, the proceedings before the Rajya Dharmika Parishath, which had been directed to be concluded by this Court, are still pending consideration and the same are posted before the Rajya Dharmika Parishath on 09.08.2024. It is submitted by learned Counsel for the petitioners that necessary directions may be issued to the Rajya Dharmika Parishath to conclude the proceedings within a stipulated time frame.
4. Per contra, learned AGA for respondent No.1 and the learned Counsel for respondent Nos.2 to 9 submits that they have no objection for directions to be issued for conclusion of proceedings in accordance with law.
5. In view of the aforesaid facts and circumstances and submissions made by both sides, I deem it just and appropriate to dispose of this petition directing the Karnataka Rajya Dharmika Parishath to conclude the proceedings, which are presently posted on 09.08.2024, in accordance with law and within a period of two months from 09.08.2024. -5-
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6. All rival contentions on all aspects of the matter between the parties are kept open to be decided by the Rajya Dharmika Parishath and Karnataka Rajya Dharmika Parishath and no opinion is expressed on the same. Accordingly, petition is disposed of.
Sd/-
JUDGE PHM List No.: 1 Sl No.: 1 CT: BHK