Karnataka High Court
Sri. Hanumanth Devar Trust Committee vs The State Of Karnataka on 7 January, 2022
Author: B.M. Shyam Prasad
Bench: B.M. Shyam Prasad
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD
WRIT PETITION NO.103739/2021 (GM-R/C)
BETWEEN
SRI. HANUMANTH DEVAR TRUST
COMMITTEE, KADUR
TQ. RATTIHALLI-581116
DIST.HAVERI
BY ITS MEMBERS
1. KAREGOUDA S/O. HANUMANTAPPAGOUDA
KUDUPALI, AGE. 65 YEARS,
OCC. AGRICULTURE AND MEMBER HANUMANTH
DEVAR TEMPLE TRUST COMMITTE KADUR
TQ. RATTIHALLI,
DIST. HAVERI-581116
2. UJJANAGOUDA S/O. LAKKANAGOUDA
LAKKANAGOUDAR, AGE. 52 YEARS,
OCC. AGRICULTURE AND MEMBER HANUMANTH
DEVAR TEMPLE TRUST COMMITTE KADUR
TQ. RATTIHALLI,
DIST. HAVERI-581116
3. RUDRAGOUDA S/O. SHIVANAGOUDA SAVAKAR
AGE. 77 YEARS, OCC. AGRICULTURE AND MEMBER
HANUMANTH DEVAR TEMPLE TRUST COMMITTE
KADUR, TQ. RATTIHALLI,
DIST. HAVERI-581116
4. BASANAGOUDA S/O. HANUMANTAGOUDA
2
MULIMANI, AGE. 55 YEARS,
OCC. AGRICULTURE AND MEMBER HANUMANTH
DEVAR TEMPLE TRUST COMMITTE KADUR
TQ. RATTIHALLI,
DIST. HAVERI-581116
...PETITIONERS
(BY SRI.S.G.KADADAKATTI, ADV.)
AND
1. THE STATE OF KARNATAKA
DEPT. OF HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS,
M.S.BUILDING
DR.AMBEDAKR VEEDHI
BENGALURU-560001
BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER/ADDITIONAL DC
HAVERI, DIST. HAVERI-581110
3. THE ASSISTANT COMMISSIONER HAVERI
SUB-DIVISION, DIST. HAVERI-581110
4. THE TAHASILDAR RATTIHALLI
DIST. HAVERI-581116
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT IN THE NATURE CERTIORARI TO QUASH THE
NOTIFICATION DATED 12.06.2019 BEARING NO.MUJARAI.
VAHI.277. 2016-17 ISSUED BY THE DEPUTY
COMMISSIONER HAVERI, VIDE ANNEXURE-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
The petitioners' have impugned the initiation of proceedings under Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 for constitution of Committee of Management and the publication issued by the fourth respondent inviting objections as regards the constitution of such Committee of Management. The impugned publication is dated 12.06.2019 (Annexure - D) and the notice is dated 19.08.2021 (Annexure - J).
Sri.S.G.Kadadakatti, the learned counsel for the petitioners, submits that the process is commenced for constitution of the Committee of Management because the Hon'ble Supreme Court had stayed the decision of the Division Bench of this Court quashing Act No.2/2012 including provisions of Section 25. However, the Hon'ble Supreme Court has vacated the interim order insofar as Section 25 and consequentially the 4 Division Bench's judgment quashing the Act insofar as Section 25 is revived.
Sri.V.S.Kalasurmath, learned HCGP when queried, submits that as of today, the fourth respondent viz., the jurisdictional Tahasildar has only filed a report and that is being considered by the jurisdictional Deputy Commissioner (the second respondent) but no decision is taken to constitute the Committee of Management. When queried further on the jurisdiction to initiate and continue the proceedings for constitution of the said Committee of Management in view of the interim order granted being vacated by the Apex Court, the learned HCGP submits that he has instructions to place on record that no further action would be taken pursuant to the impugned publication/annexure until there is appropriate orders by the Hon'ble Apex Court in that regard.
5
This submission is placed on record and the petition stands disposed of.
Sd/-
JUDGE Rsh