K Shiva Keshava Asranna vs The State Of Karnataka on 3 April, 2013

[Cites 3, Cited by 0]

Karnataka High Court

K Shiva Keshava Asranna vs The State Of Karnataka on 3 April, 2013

Bench: S.Abdul Nazeer

                               1


      IN THE HIGH COURT OF KARNATAKA AT BANGALORE

            DATED THIS THE 03RD DAY OF APRIL, 2013

                            BEFORE

           THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

             WRIT PETITION No.2496 of 2013 (GM-R/C)

BETWEEN:

K SHIVA KESHAVA ASRANNA
S/O K SHYAMA ASRANNA
AGED ABOUT 52 YEARS
R/A KUDVA HOUSE
KUTHKUNJA VILLAGE AND POST
SULLIA TALUK,
DK DISTRICT 575001
                                                 ... PETITIONER
(BY SRI KRISHNA MOORTHY D , ADV.,)

AND

1 THE STATE OF KARNATAKA
DEPARTMENT O MUJARAI
REPESENTED BY ITS SECRETARY
M S BUILDING
BANGALORE-560001

2 THE COMMISSIONER
 HINDHU RELIGIOUS AND CHARITABLE ENDOWMENTS
CHAMARAJPET, BANGALORE-560001

3 THE DEPUTY COMMISSIONER
 HINDHU RELIGIOUS AND CHARITABLE ENDOWMENTS
MANGALORE, D K DISTRICT-575001
                                         2


 4 SRI PARIVARA PANCHALINGESHWARA TEMPLE
PANJA SULLIA TALUK, DK DISTRICT
REP BY ITS MANAGING TRUSTEE 575001

5 JILLA DHARMIKA PARISHATH,
D.K., MANGALORE.
                                                         ... RESPONDENTS
(BY SRI.R.B.SATHYANARAYANA SINGH, HCGP FOR R1 TO R4
    SRI B.S. SACHIN, ADV.)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION  DATED   17.10.2012 ISSUED BY THE
COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS VIDE ANNEXURE-D.

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

                                   ORDER

Learned counsel for the petitioner seeks permission of this Court to implead Jilla Dharmika Parishath, Mangalore, Dakshina Kannada District as respondent No.5. Permission is granted. He may amend the cause title accordingly. Learned HCGP is directed to take notice for R1 to R4. Sri.B.S.Sachin, learned Advocate is directed to take notice for R5.

2. In this case, the petitioner has called in question the validly of the order at Annexure-D dated 04.02.2013 whereby the 5 th respondenthas constituted a new Committee for managing the affairs of Parivara Panchalingeshwara temple, Sulya Taluk, Dakshina Kannada District - 3 respondent No.4 herein. The order is appealable under sub-section (2) of Section 63A of Karnataka Hindu Religious Institutions & Charitable Endowments Act, 1997 & Rules, 2002. The matter requires factual adjudication. The alternative remedy available to the petitioner is not only adequate but also efficacious in nature. Therefore, I decline to entertain this writ petition. It is accordingly dismissed reserving liberty to file an appeal as above. All contentions on merit are kept open. No costs.

Sd/-

JUDGE GH

Unlock Advanced Research with PRISMAI

Karnataka High Court