A Jayaram Shetty vs The State Of Karnataka on 21 August, 2012

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Karnataka High Court

A Jayaram Shetty vs The State Of Karnataka on 21 August, 2012

Bench: Mohan Shantanagoudar

                             -1-


   IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 21st DAY OF AUGUST, 2012

                          BEFORE

 THE HON'BLE MR.JUSTICE MOHAN SHANTANAGOUDAR

 WRIT PETITION NOs.28044-28046 OF 2012 (GM-R/C)


BETWEEN :

1. A. Jayaram Shetty
   Aged about 62 years
   S/o A.B. Achhanna Shetty
   R/a 'Jayashree', Karimanelu Village
   Post : Venoor
   Taluk : Belthangadi
   D.K.-574242.

2. C. Bhaskara Balyaya
   Aged about 63 years
   S/o Govinda Balyaya
   R/a Pammunja Mane
   Post : Venoor
   Taluk : Belthangadi
   D.K.-574242.

3. T.P. Vishnumurthy Bhat
   Aged about 29 years
   S/o T.R. Venkata Rao
   R/a 'Thumbe Mane'
   Gundoori Village, Post : Bajire
   Belthangadi Taluk D.K.                ..Petitioners

(By Sri K. Prasanna Shetty, Adv.,)
                              -2-



AND :

1. The State of Karnataka
   Rep by its Secretary to
   Government, Endowment
   Department, M.S. Building
   Bangalore.

2. The Assistant Commissioner
   Member Secretary
   District Dharmika Parishat &
   Assistant Commissioner
   Hindu Religious and Charitable
   Endowment Department
   D.K., Mangalore.

3. The Deputy Commissioner
   District Dharmika Parishat
   Hindu Religious & Charitable
   Endowment Department
   D.K., Mangalore.                       ..Respondents

(By Smt. M.C. Nagashree, HCGP.,)

      These writ petitions are filed under Articles 226 and
227 of the Constitution of India, praying to set aside the
order dated 25.6.2012 passed by the second respondent vide
Annexure-A.

      These writ petitions coming on for preliminary hearing,
this day the Court made the following:-

                         ORDER

Petitioners have sought for quashing the order of Annexure-A dated 25.6.2012 passed by the second -3- respondent appointing 9 Trustees to Mahalingeshwara Temple, Venur, Belthangadi Taluk, Dakshina Kannada District. According to the petitioners, they should have been appointed as Trustees as they are senior members in the Village.

2. There is no error on the part of the respondents while selecting 9 Trustees. Out of 9 Trustees, one is Pradhana Archaka, i.e., main priest; one person is belonging to Scheduled Caste; two persons are ladies; one person is from local place and four Trustees are from General Category and that they are from Belthangadi Taluk. Nothing is placed on record to show that 9 persons so appointed as Trustees suffered any disqualification. Though the petitioners have applied for their appointment as Trustees, they cannot insist that their candidature should have been allowed. This Court does not find -4- any error in the process of appointment of 9 Trustees. Hence, no interference is called for.

3. Petitioners have also sought for declaration that Section 25 of the Karnataka Hindu Religious and Charitable Endowment Act, 1997 is ultra vires and unconstitutional. The said question is pending consideration before the Apex Court. Hence, such prayer is not considered by this Court.

Accordingly, writ petitions fail and the same stand dismissed.

Sd/-

JUDGE *ck/-

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