SRI. UDAYA SHANKAR SHETTY. A v. THE STATE OF KARNATAKA
WP/6567/2025 · 2025-03-25
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19624 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19624 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12698 WP No. 6567 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6567 OF 2025 (GM-R/C) BETWEEN:
SRI. UDAYA SHANKAR SHETTY. A S/O LATE. JAGANATH SHETTY, AGED ABOUT 65 YEARS R/AT 1-261, ARIYADAKA HOUSE, ARIYADAKA, DAKSHINA KANNADA, KARNATAKA - 574 223. …PETITIONER (BY SRI. ARUNA SHYAM, SR. ADVOCATE A/W SRI. SUYOG HERELE E., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA THROUGH UNDER SECRETARY, REVENUE DEPARTMENT AND HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENTS DEPARTMENT, KARNATAKA - 560 001.
2.
THE MEMBER SECRETARY, KARNATAKA RAJYA DHARMIKA PARISHAT AND COMMISSIONER OF HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENTS DEPARTMENT, CHAMARAJPETE, BENGALURU - 560 018.
3.
SRI. PRAMOD KUMAR SHETTY, S/O BALAKRISHNA SHETTY, AGE NOT KNOWN TO THE PETITIONER,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:12698 WP No. 6567 of 2025
R/AT NO. 1-218A, ENTHMAR HOUSE, BELTHANGADY TALUK, D.K. DISTRICT, KARNATAKA - 574 214.
4.
SRI. PRASHANTH KUMAR, S/O SRI. BABU POOJARY, AGE NOT KNOWN TO THE PETITIONER, R/AT SHANTIJE HOUSE, KORAKODI, D.K. DISTRICT - 574 214. …RESPONDENTS (BY SMT. PRATHIBHA R.K, AGA FOR R1;
SRI. DEVADAS N., SR. ADVOCATE A/W SRI HARISCHANDRA MOVVAR, ADVOCATE FOR C/R2;
SRI. NIKHIL P., ADVOCATE FOR C/R3 AND R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28/02/2025 IN HRICE.ADM0ADM8/212/2024/E 1500468 ISSUED BY R2 AND ALL FURTHER PROCEEDINGS PURSUANT THERETO (PRODUCED AT ANNEXURE-A) IN SO FAR AS THIS PETITIONER IS CONCERNED AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question an
order dated 28.02.2025 which alters the committee of management as was ordered in terms of the order dated 18.02.2025 with a gap of 10 days.
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NC: 2025:KHC:12698 WP No. 6567 of 2025
2. Heard the learned Senior counsel, Sri. Aruna Shyam along with the learned counsel, Sri. Suyog Herele E., learned counsel appearing for the petitioner, Smt. Prathibha R.K., learned AGA appearing for respondent No.1, Sri. Devadas N., learned Senior counsel along with Sri. Harishchandra Movvar,
learned counsel appearing for caveator/respondent No.2, Sri. Nikhil P., learned counsel appearing for caveator/respondent No.3 and have perused the material on record.
3.
Facts in brief, germane, are as follows: The temple in the subject petition is Sowthadka Shri Mahaganapati Temple, a notified 'A' Grade temple in Kokkada Village, Belthangadi Taluk, Dakshina Kannada District. The issue relates to appointment of persons in terms of Section 26 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 to be the committee of management. Invoking such power, the Rajya Dharmika Parishat in terms of its resolution constitutes a committee on
18.02.2025. The name of the petitioner figures at Sl.No.7 in the said constitution. It is the submission that the constitution of the committee and the appointment of the petitioner is the
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NC: 2025:KHC:12698 WP No. 6567 of 2025
member of the committee was communicated to the petitioner, but there was no meeting held for recognition of the said membership. On 28.02.2025, the list is altered. The alteration of the list results in removal of two persons including the petitioner and replacement of them with the private respondents No.5 and 6. This is called in question before this Court in the subject petition on a petition filed on 05.03.2025, by then, the first meeting of the newly constituted committee takes place and the Chairman and other office bearers are elected.
4. Learned senior counsel for caveator/respondent No.2, Sri. Devadas N., taking this Court through the statement of objections and the original records would seek to contend that there is only one resolution, which directed constitution of the committee on 18.02.2025 or both the orders is not backed by appropriate resolution by the Rajya Dharmika Parishat. He would submit that let both the orders be set aside and all the claimants claim would be considered and an appropriate committee would be constituted in terms of the resolution dated 03.01.2024, but the consideration by the Rajya Dharmika
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NC: 2025:KHC:12698 WP No. 6567 of 2025
Parishat will be after assessment of claims of all the applicants who are all the eligible applicants have applied pursuant to the resolution dated 03.01.2024.
5. In the light of the said submission, I deem it appropriate to obliterate both the orders dated 18.02.2025 and 28.02.2025 and direct the Rajya Dharmika Parishat to consider the applications of all the claimants in accordance with law and appropriately constitute a committee.
With the aforesaid observations, the petition stands
disposed.
All other contentions would remain open.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 27 CT: BHK