Karnataka High Court
State Of Karnataka vs Shri. Shantadurga Mahamaya Alias ... on 18 July, 2025
Author: R.Devdas
Bench: R.Devdas
-1-
NC: 2025:KHC-D:8924-DB
WA No. 100139 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO.100139 OF 2025 (GM-R/C)
BETWEEN:
1. STATE OF KARNATAKA
BY IT'S SECRETARY TO GOVERNMENT,
ENDOWMENT DEPARTMENT,
M.S. BUILDING, BENGALURU-01.
2. THE COMMISSIONER
HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS,
K.G. ROAD, BENGALURU-560009.
3. THE DEPUTY COMMISSIONER
UTTARA KANNADA DISTRICT,
KARWAR-581301.
4. THE SPECIAL LAND ACQUISITION OFFICER,
VINAYAKA
BV SEA BIRD, KARWAR-581301.
Digitally signed by
VINAYAKA B V
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.07.22 11:28:37
+0530
...APPELLANTS
(BY SRI. T. HANUMAREDDY, AGA)
AND:
SHRI. SHANTADURGA MAHAMAYA
@ MAHAMAYA TEMPLE, SADASHIVAGAD,
KARWAR, DIST. U.K.
REPRESENTED BY ITS TRUSTEES,
1. DATTATRAYA S/O. GHANASHYAM DESAI,
AGE. 78 YEARS, PRESIDENT,
R/O. SHRI. SHANTADURGA MAHAMAYA
-2-
NC: 2025:KHC-D:8924-DB
WA No. 100139 of 2025
HC-KAR
@ MAHAMAYA TEMPLE, SADASHIVAGAD,
KARWAR, DIST. U.K. 581352.
SHIVANAND S/O. GANABA RANE,
AGE. 91 YEARS, TRUSTEE,
R/O. SHRI. SHANTADURGA MAHAMAYA
@ MAHAMAYA TEMPLE, SADASHIVAGAD,
KARWAR, DIST. U.K-581352.
(SINCE, DIED ON 01.08.2022
NO NOTICE SHALL BE ISSUED)
2. MAHESHWAR S/O. SHANTARAM ANVEKAR,
AGE. 54 YEARS, OCC. GOLD SMITH,
R/O. CHITTAKULA, TQ. KARWAR-581352.
3. PRAMOD KAMALAKAR BANDEKAR,
AGE. 59 YEARS, OCC. CONTRACTOR,
R/O. CHITTAKULA, TQ. KARWAR-581352.
4. SANTOSH S/O. SRIKANT NAIK,
AGE. 49 YEARS, OCC. AGRICULTURE,
R/O. CHITTAKULA, TQ. KARWAR-581352.
5. LINGARAJ PUTTU KALAGUTKAR,
AGE. 54 YEARS, OCC. AGRICULTURE,
R/O. CHITTAKULA, TQ. KARWAR-581352.
6. DATTAL VITTAL ACHARI,
AGE. 61 YEARS, OCC. AGRICULTURE,
R/O. CHITTAKULA, TQ. KARWAR-581352.
7. ANIL MAJLIKAR,
AGE. 59 YEARS, OCC. AGRICULTURE,
R/O. CHITTAKULA, TQ. KARWAR-581352.
8. SANTOSH JANY WARKER,
AGE. 49 YEARS, OCC. AGRICULTURE,
R/O. CHITTAKULA, TQ. KARWAR-581352.
9. PRAMOD SHANTAVAM DESAI,
AGE. 59 YEARS, OCC. AGRICULTURE,
R/O. CHITTAKULA, TQ. KARWAR-581352.
-3-
NC: 2025:KHC-D:8924-DB
WA No. 100139 of 2025
HC-KAR
10. SMT. LATA SHANTA GADAKAR,
AGE. 49 YEARS, OCC. AGRICULTURE,
R/O CHITTAKULA, TQ. KARWAR-581352.
11. DEEPAK SADANAND SHIRDORKAR,
AGE. 54 YEARS, OCC. AGRICULTURE,
R/O. CHITTAKULA, TQ. KARWAR-581352.
12. JAGADISH M. NAIK,
AGE. 65 YEARS, OCC. MANAGER,
SHANTADURGA MAHAMAYA TEMPLE,
R/O. CHITTAKULA, TQ. KARWAR-581352.
...RESPONDENTS
(BY SRI. SURESH S. BHAT, ADVOCATE FOR R2 TO R12;
NOTICE TO R1 IS SERVED BUT UNREPRESENTED)
----
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE
ORDER DATED 05.09.2024 IN WRIT PETITION NO.108140/2016
PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT,
AND DISMISS THE WRIT PETITION IN THE INTEREST OF JUSTICE
AND EQUITY & ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
-4-
NC: 2025:KHC-D:8924-DB
WA No. 100139 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This intra-court writ appeal has been filed by the State of Karnataka, The Commissioner, Hindu Religious Institutions and Charitable Endowments and the Deputy Commissioner, U.K.District, being aggrieved by the impugned order passed by the learned Single Judge in W.P.No.108140/2016 dated 05.09.2024.
2. The writ petition was filed by respondent Nos.1 to 3 herein, questioning the order at Annexure-G passed by the Deputy Commissioner, Uttara Kannada District, appointing an administrator to Shri Shantadurga Mahamaya @ Mahamaya Devasthan, Chittakula Village, Sadashivagada, Karwar Taluk and District. Learned Single Judge held that the District Court, Karwar, in Miscellaneous Application No.28/1977, by order dated 02.09.1977, appointed 11 persons as Trustees till their life time to the said temple. Out of 11, two trustees are still alive and they are the petitioners. Further, having regard to Section 29 of the Karnataka Hindu Religious Institutions and Charitable -5- NC: 2025:KHC-D:8924-DB WA No. 100139 of 2025 HC-KAR Endowments Act, 1997 ('the Act, 1997', for short), the State Government could not interfere in the affairs of the temple and therefore, it was held that the Deputy Commissioner could not have appointed the administrator to the temple.
3. However, learned AGA has today furnished copy of the notification dated 29.09.2012, published in the official gazette on 29.09.2012 and submitted that the temple in question has been notified under Section 23 of the Act, 1997, with retrospective effect from 01.05.2003. However, learned AGA fairly submits that this aspect of the matter was not brought to the notice of the learned Single Judge.
4. Having regard to the subsequent developments and the fact that the notification dated 29.09.2012 was not brought to the notice of the learned Single Judge and neither did the Deputy Commissioner notice the notification, if the temple in question is a notified institution, then the entire issue requires reconsideration at the hands of the Deputy Commissioner. It should also be mentioned that, since the original writ petitioners were also not aware of the -6- NC: 2025:KHC-D:8924-DB WA No. 100139 of 2025 HC-KAR notification, liberty is reserved to the original writ petitioners to raise a challenge to the notification dated 29.09.2012.
5. Accordingly, writ appeal is partly allowed, while remanding the matter back to the Deputy Commissioner, Uttara Kannada District, to consider the question of appointment of the administrator to the temple in question. At the same time, liberty is reserved to respondent Nos.1 to 3 herein, who are the original writ petitioners, to raise a challenge to the notification dated 29.09.2012, since even the Deputy Commissioner has not stated earlier in his order that the temple in question is a notified institution.
Ordered accordingly.
Sd/-
(R.DEVDAS) JUDGE Sd/-
(K V ARAVIND) JUDGE gab CT:VP LIST NO.: 1 SL NO.: 9