Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 18951 (KAR)

SUBRAMANYESHWARA SANISHWARA AND SHREE SIRDI SAI v. THE STATE OF KARNATAKA

WP/21316/2019 · 2025-01-24

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3223 WP No. 21316 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 21316 OF 2019 (GM-R/C) BETWEEN: 1. SUBRAMANYESHWARA, SANISHWARA AND SHREE SIRDI SAI BABA TEMPLE, SOCIAL WELFARE AND DEVELOPMENT TRUST (R), H.S.GARDEN, SHIDLAGATTA BAGILU VILLAGE, CHIKKABALLAPURA TALUK-562 101. REPRESENTED BY VICE-PRESIDENT. PETITIONER NO.8. 2. SRI. SHIVASHANKAR AGED 46 YEARS, S/O ASHWATHAPPA, R/O H.S.GARDEN, WARD NO.22, CHIKKABALLAPUR-562 101. 3. SRI. S.GOPALBHAT ACHAR AGED 51 YEARS, S/O SUDHARSHAN ACHAR, R/O H.S.GARDEN, WARD NO.22, CHIKKABALLAPUR-562 101. 4. SRI. MANJUNATHA AGED 37 YEARS, S/O RAMANJANEYA, R/O DODDAPAILAGURKI, VILLAGE, CHIKKABALLAPUR-562 101. 5. SRI. VINAYARAJ AGED 22 YEARS, S/O LATE NAGARAJ, R/O DODDAPAILAGURKI VILLAGE, CHIKKABALLAPUR-562 101. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3223 WP No. 21316 of 2019 6. SRI.S.N.SRINIVAS AGED 46 YEARS, S/O S.P.NAGARAJA, R/O H.S.GARDEN, WARD NO.22, CHIKKABALLAPUR-562 101. 7. SRI. A.M.VENKATESH MURTHY AGED 47 YEARS, S/O MUNISHYAMAPPA, R/O H.S.GARDEN, WARD NO.22, CHIKKABALLAPUR-562 101. 8. MR. SHIVAPPA AGED 48 YEARS, S/O LATE MUNIYAPPA, R/O H.S.GARDEN, WARD NO.22, CHIKKABALLAPUR-562 101. 9. MR. T.MUNIYAPPA AGED ABOUT 46 YEARS, S/O THIMMAIAH, R/O CHAMARAJPET WARD NO.21, CHIKKABALLAPUR-562 101. 10. MR. NANJUNDESHWARA AGED ABOUT 50 YEARS, S/O RAMAIAH, R/O H.S. GARDEN, WARD NO.22, CHIKKABALLAPUR-562 101. 11. MR.DHANRAJ AGED 43 YEARS, S/O CHIKKANARASIMAIAH, R/O H.S.GARDEN, WARD NO.22, CHIKKABALLAPUR-562 101. 12. MR. SATHISH AGED ABOUT 38 YEARS, S/O THAMMA REDDY, R/AT SULUKUNTE, AVALAGERKI POST, CHIKKABALLAPURA-562 101. - 3 - NC: 2025:KHC:3223 WP No. 21316 of 2019 13. MR.VENKATESHA AGED ABOUT 71 YEARS, S/O LATE VENKATARAYAPPA, R/O H.S.GARDEN, WARD NO.22, CHIKKABALLAPUR-562 101. 14. MR. MANJUNATHA AGED ABOUT 43 YEARS, S/O NARASIMAIAH, R/O SULUKUNTE, AVALAGERKI POST, CHIKKABALLAPUR-562 101. …PETITIONERS (BY SRI. MAHANTESH SHETTAR., AGA) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, MUJARAI DEPARTMENT, M.S.BUILDING, BANGALORE-560 001. 2. THE COMMISSIONER, HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT, CHAMARAJAPET, BENGALURU. 3. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT-562 101. 4. THE ASSISTANT COMMISIONER, CHICKABALLAPURA SUB-DIVISION, CHIKKABALLAPUR DISTRICT-562 101. 5. THE TAHSILDAR, CHIKKABALLAPURA TALUK, CHIKKABALLAPUR DISTRICT-562 101. 6. THE ASSISTANT DIRECTOR OF PHYSICAL EDUCATION, (YOUTH SERVICES), DEPARTMENT OF YOUTH SERVICE, - 4 - NC: 2025:KHC:3223 WP No. 21316 of 2019 OFFICE OF THE ASSISTANT DIRECTOR OF PHYSICAL EDUCATION, (YOUTH SERVICE), CHIKKABALLAPURA TOWN, CHIKKABALLAPUR DISTRICT-562 101. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mahantesh Shettar., AGA for the respondents has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents to treat the temple as Muzari temple under the provisions of Karnataka Religious and Charitable Endowments Act, 1997. Act No.30.2001 based on the representations of the petitioners vide Annexures-B to B4. 3. Heard the arguments and perused the Writ papers with care. 4. The grievance of the petitioners is that the Government should have treated the Subramanyeshwara, Sanishwara and Shree Sirdi Sai Baba Temple as Mujarai Temple. A Mandamus cannot be ordered to treat a Temple as - 5 - NC: 2025:KHC:3223 WP No. 21316 of 2019 Mujarai Temple by exercising power under writ jurisdiction. The Writ Petition is devoid of merits and is liable to be dismissed. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 28