- 1 - NC: 2025:KHC:1049-DB WA No. 368 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 368 OF 2021 (GM-R/C) BETWEEN: 1. SRI. R. VENKATESH S/O SRI. RAMASWAMY AGED 62 YEARS R/AT No.96, 1ST CROSS 1ST MAIN, CHIKKAJALA VILLAGE JALA HOBLI, BENGALURU-562 157 2. SRI. E. RAVI S/O ESHWARAN (CORRECT NAME IS ESHWARAPPA) AGED ABOUT 44 YEARS R/AT No.172 VIDYANAGAR CROSS BETTAHALASURU POST JALA HOBLI, BANGALURU-562 157 3. SRI. P. KESHAVAMURTHY S/O PALANASWAMI (CORRECT NAME IS PALANISWAMI) AGED ABOUT 50 YEARS R/AT. VIDYANAGAR CROSS BETTAHALASURU POST JALA HOBLI, BENGALURU-562 157 4. SRI. SHAKTIVELU (CORRECT NAME IS SAKHTIVELU) S/O KUPPASWAMY AGED ABOUT 46 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1049-DB WA No. 368 of 2021 R/AT. No.96, 1ST CROSS 1ST MAIN, CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU-562 157 5. SRI. GOVINDARAJU T. S/O THYAGARAJU AGED ABOUT 42 YEARS R/AT. VIDYANAGAR CROSS JALA HOBLI, BENGALURU-562 157 6. SRI. B. ASHOK S/O BANGAURU AGED ABOUT 46 YEARS R/AT. VIDYANAGAR CROSS JALA HOBLI, BENGALURU-562 157 7. SRI. JAGANNATH S/O MANI AGED ABOUT 45 YEARS R/AT. VIDYANAGAR CROSS JALA HOBLI, BENGALURU-562 157 8. R. RAJU S/O RAMASWAMY AGED ABOUT 70 YEARS R/AT. BAGALUR CROSS IAF POST BENGALURU NORTH TALUK BENGALURU-560 064 9. SRI. THANGARAJU A.R. S/O LATE RAMASWAMY AGED 62 YEARS VIDYANAGAR CROSS BETTAHALASURU POST BENGALURU NORTH TALUK BENGALURU-562 157 …APPELLANTS (BY SRI. S.V. BHAT, ADVOCATE) - 3 - NC: 2025:KHC:1049-DB WA No. 368 of 2021 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE AND MUJARAI VIDHANA SOUDHA BANGALORE-560 001 REPRESENTED BY ITS SECRETARY 2. THE COMMISSIONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENT M.S. BUILDING BENGALURU-560 001 3. THE DEPUTY COMMISSIONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BENGALURU URBAN DISTRICT BENGALURU-560 009 4. ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BENGALURU NORTH ZONE D.C. COMPOUND BENGALURU-560 001 5. TALUK EXECUTIVE MAGISTRATE AND TAHSILDAR YELAHANKA, BENGALURU NORTH TALUK BENGALURU-560 063 6. THE DEPUTY TAHSILDAR NADAKACHERI JALA HOBLI, JALA BENGALURU NORTH TALUK BENGALURU-562 157 7. THE DISTRICT REGISTRAR ALI ASKAR ROAD BENGALURU-560 001 - 4 - NC: 2025:KHC:1049-DB WA No. 368 of 2021 8. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES ZONE-1, BENGALURU URBAN DISTRICT No.46, 2ND MAIN ROAD 8TH CROSS, MARGOSA ROAD MALLESHWARAM BENGALURU-560 003 9. SRI. SHAKTHI KARIMARIYAMMA DEVALAYA SAMITHI (R) (CORRECT NAME IS - SRI SHAKTHI KARUMATIYAMMA DEVALAYA SAMITHI (R) DEVARAJANAGARA (DEVARAJA URS NAGAR) VIDYANAGAR CROSS JALA HOBLI, BETTAHALASURU POST BENGALURU-562 157 REPRESENTED BY ITS SECRETARY SRI. P. RENU GOPAL 10. SRI. S. PALANISWAMY S/O SRI. SOLLIAPPA AGED 70 YEARS R/AT No.357, VIDYANAGAR CROSS VENKATESHWARA ENTERPRISES BETTAHALASURU BENGALURU-562 157 11. SRI. VENKATESH S/O SRI. VENKATACHALAIAH AGED 48 YEARS R/AT No.235, VIDYANAGAR CROSS VENKATESHWARA ENTERPRISES BETTAHALASURU BENGALURU-562 157 12. SRI. BOMMASWAMY R. S/O RAJU AGED 45 YEARS R/AT. VIDYANAGAR CROSS SUBHASHNAGAR - 5 - NC: 2025:KHC:1049-DB WA No. 368 of 2021 GOVERNMENT SCHOOL CHIKKAJALA BANGALORE NORTH-562 157 13. SRI. RENUGOPAL P. S/O SRI. S. PALANISWAMY AGED 51 YEARS R/AT No.357, VIDYANAGAR CROSS SONAPPANAHALLI, BETTAHALASURU BENGALURU-562 157 14. SRI. RAMESH S/O SRI. APPAYANNA AGED 46 YEARS R/AT No.245, ATM LAYOUT VIDYANAGAR CROSS BETTAHALASURU BENGALURU-562 157 15. SRI. S.T. NARAYANASWAMY S/O SRI. S. THAMMANNA AGED 53 YEARS R/AT. VIDYANAGAR CROSS BETTAHALASURU BENGALURU-56 2157 16. SRI. RAJU S/O SRI. MACHIMUTHU AGED 48 YEARS R/AT No.228 SUBHASHNAGAR VIDYANAGAR CROSS BETTAHALASUR BENGALURU NORTH TALUK-562 157 17. SRI. M. KUMAR S/O MADHAPPA AGED 38 YEARS R/AT No.434 VIDYANAGAR CROSS SONAPPANAHALLI BETTAHALASURU - 6 - NC: 2025:KHC:1049-DB WA No. 368 of 2021 BENGALURU NORTH TALUK-562 157 18. SRI. P. NARAYANA S/O SRI. P. PALANISWAMY AGED 35 YEARS R/AT No.357 VIDYANAGAR CROSS SONNAPPANAHALLI, BETTAHALASURU BENGALURU-562 157 …RESPONDENTS (BY SRI. DEVARAJ C.H., GA FOR R1 TO R8; SRI. M. SREENIVASA, ADVOCATE FOR R9 TO R18) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO (a) CALL FOR RECORDS OF W.P.No.4523-4532/2019 OF THIS HON'BLE COURT AND (b) SET ASIDE THE ORDER DATED 13.08.2019 IN W.P. Nos.4523-4532/2019 IN THIS HON'BLE COURT PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is preferred against the judgment of the learned Single Judge dated 13.08.2019 in W.P.Nos.4523- 532/2019. The writ petition was filed by the respondents - 7 - NC: 2025:KHC:1049-DB WA No. 368 of 2021 herein before the learned Single Judge, seeking the following reliefs; "a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents Nos.2 to 5 Mujarai Department to take over the institution and include in petitioner Temple in the list of temples maintained by the Department of Mujarai as Chapter – 2 Clause -3 of the Karnataka Hindu Religious and Charitable Institutions Rules 2002 as it being coming under Category ‘A’ as recommended by the respondent Tahsildar. b. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent No.8 Joint Registrar of Co-operative Societies to consider and dispose of the dispute pending pursuant to the representation Annexure-A dated 23.5.2018 for renewal of the petitioners Committee of Management." 2. After hearing the parties, the learned Single Judge had directed the consideration of the issue pending before it with regard to taking over of the Management of the temple by the Mujarai Department by a speaking order - 8 - NC: 2025:KHC:1049-DB WA No. 368 of 2021 after affording an opportunity of hearing to the petitioners and respondents No.9 to 18 within a period of two months. 3. It is submitted by the learned counsel appearing for the appellants that the question with regard to taking over of the temple could not have been directed to be considered, since it is only with regard to a Notified Institution under Section 23 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, ('the Act of 1997' for short) that the Deputy Commissioner would have the power to consider a representation in the nature of one submitted by the respondents. This aspect is disputed by the learned counsel appearing for the respondents. 4. In any view of the matter, we are of the opinion that since the judgment under appeal only directs the consideration of the representation preferred by the respondents, it is for the appellants herein to raise all their contentions even with regard to the jurisdiction of the Deputy Commissioner to consider such representation - 9 - NC: 2025:KHC:1049-DB WA No. 368 of 2021 before the Deputy Commissioner. We make it clear that all contentions of the respondents are left open to be considered by the Deputy Commissioner within the time frame as directed by the learned Single Judge as applicable from today. 5. With the above observations, the appeal stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 31