Karnataka High Court
Sri B A Krishnamurthy vs The State Of Karnataka on 3 December, 2018
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2018
BEFORE
THE HON' BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION No.52830/2018(GM-R/C)
BETWEEN:
SRI B. A. KRISHNAMURTHY
S/O LATE M. ABBAYAPPA
AGED ABOUT 60 YEARS,
RESIDING AT NO 9, MUTHAMMA NILAYA
PAPAIAH STREET, DODDAMAVALLI,
BENGALURU - 560004.
... PETITIONER
(BY SRI R. BHADRINATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE (MUZARAI)
M. S. BUILDING, DR. AMBEDKAR VEEDHI
BENGALURU - 560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE COMMISSIONER FOR HINDU
RELIGIOUS INSTITUTIONS AND CHARITABLE
ENDOWMENTS,
MALE MADESHWARA BHAVANA BUILDING
TIPPU SULTAN PLACE ROAD,
CHAMARAJPET, BENGALURU - 560018
3. THE SPECIAL DEPUTY COMMISSIONER
FOR MUZARAI
BENGALURU URBAN DISTRICT
K G ROAD, BENGALURU - 560009
4. THE ASSISTANT COMMISSIONER (URBAN)
MUZARAI WORKS CORPORATION AREA,
2
3RD FLOOR, PODIUM BLOCK,
VISVESWARAIAH TOWER
BENGALURU - 560001
5. THE EXECUTIVE OFFICER
SRI RAYA RAYA KALYANAMANTAPPA
& ALSO THE GROUP OF TEMPLES
CHAMARAJPET, BENGALURU - 560018
6. THE PRESIDENT
MANAGEMENT COMMITTEE
SRI DHARAMARAYA SWAMY TEMPLE,
THIGALARAPET, BENGALURU - 560002.
7. SMT. M. PARVATHI
W/O LATE M. VENAKTESH
AGED ABOUT 48 YEARS
RESIDING AT NO. 25,
MURALI COLONY, JAYANAGAR 1ST BLOCK,
BENGALURU - 560011.
8. SMT. R. NAGARATHNA
W/O JAGANATH
AGED ABOUT 54 YEARS,
RESIDING AT NO 2,
SEETHARAMA NILAYA,
NARAYANA REDDY LAYOUT
3RD CROSS, CHOLANAGAR
R T NAGAR POST, BENGALURU 560032.
9. SMT. S. N. INDIRA
W/O LATE DR. SHANKARANARAYANA
AGED ABOUT 65 YEARS,
BELLANDUR VILLAGE AND POST,
DEVERABISANAHALI,
SARJAPURA OUTER RING ROAD,
BENGALURU - 560011.
10. SRI A RAJGOPAL
S/O LATE ABBAYAPPA
AGED ABOUT 74 YEARS,
RESIDING AT NO 20,
MUNISWAMAPPA STREET, THIGALARAPET,
BENGALURU - 560002.
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11. SRI M. HARINATH,
S/O LATE MUNISWAMAPPA
AGED ABOUT 73 YEARS,
RESIDING AT NO 7,
ARJUNAPPA PAPPANNA GALLI,
PAILVAN ANNAYYAPPA MAIN ROAD,
THIGALARAPET,
BENGALURU - 560002
12. SRI C. YATHRAPPA,
S/O LATE CHINNA THAYAPPA
AGED ABOUT 85 YEARS,
RESIDING AT NO 15,
1ST CROSS, PATARAS COLONY KALASIPALYA,
BENGALURU - 560002
13. SRI R JAGADISH
S/O J. RAMACHANDRA
AGED ABOUT 43 YEARS
RESIDING AT NO 5,
PVN LANE, 2ND CROSS,
THIGALARAPET, BENGALURU - 560002.
14. SRI A. RAJASHEKAR,
S/O N. ANAYAPPA,
AGED ABOUT 61 YEARS,
RESIDING AT NO 3,
18TH CROSS, 10TH MAIN ROAD,
S R NAGAR, BENGALURU - 560027.
... RESPONDENTS
(BY SRI DINESH RAO, ADDITIONAL ADVOCATE GENERAL A/W
SRI ANANDEESWAR. D.R. HCGP FOR R1 TO R4;
SRI A.G. GURURAJA, ADVOCATE FOR C/R10)
...
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 08.03.2018, PASSED BY THE
RESPONDENT-4 AS FOUND AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioner in the above writ petition has sought for a writ of certiorari quashing the impugned order dated 8.3.2018 bearing No.MUZ(4)CRI19/2017- 18, Bengaluru passed by the 4th respondent as per Annexure-A.
2. Sri Dinesh Rao, learned Additional Advocate General, appearing on behalf of the State raised a preliminary objection that as against the impugned order passed by the Zilla Dharmika Parishat and Assistant Commissioner, Muzarai, Bengalore, an appeal lies to the Appellate Authority under the provisions of Section 63A of the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 1997.
3. Sri R. Bhadrinath, learned Counsel for the petitioner after arguing the matter for some time files a memo seeking permission to withdraw the writ petition 5 with liberty to the petitioner to file an appeal before the Appellate Authority as contemplated under the provisions of Section 63A of the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 1997. The said memo is taken on record.
4. Accordingly, writ petition is disposed of as not maintainable with liberty to the petitioner to avail an alternative remedy of appeal as well as to file an application for restoration of time which has been spent before this Court.
5. All the contentions of both the parties are left open to be urged before the Appellate Authority.
Sd/-
Judge Nsu/-