- 1 - NC: 2025:KHC:12818 WP No. 8728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8728 OF 2025 (GM-R/C) BETWEEN: OBOJI RAO, S/O. LATE PARAMESHWARA RAO, AGED ABOUT 72 YEARS, OCC: RETIRED BANK EMPLOYEE & AGRICULTURE, RESIDING AT PADUMANE, KAVATTHARU VILLAGE AND POST, MANGALURU TALUK, D.K.DISTRICT-574 154 …PETITIONER (BY SRI. PRASANNA V.R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP.BY ITS SECRETARY, DEPT. OF HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENTS VIDHANA SOUDHA BANGALORE-560 001. 2. THE COMMISSIONER, DEPT. OF HRI AND CE STATE OF KARNATAKA MINTO ANJANEYA BUILDING CHAMRAJPET BANGALORE-560 018. 3. THE ZILLA DHARMIKA PARISHATH REP. BY ITS MEMBER SECRETARY CUM-ASSISTANT COMMISSIONER DEPT. OF HRI AND CE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12818 WP No. 8728 of 2025 D.K. DISTRICT MANGALORE-575 001. 4. SRI. VIJAYA BHASKAR SHETTY S/O LATE GOPALA SHETTY AGED MAJOR R/AT BAILAGUTTU HOUSE, KAVATHARU VILLAGE AND POST MULKI, MANGALORE TALUK D.K.DISTRICT -574 154. 5. SRI.K.V.RAMESH AJILA S/O VENKAPPA AJILA AGED MAJOR R/AT BAILAGUTTU HOUSE, KAVATHARU VILLAGE AND POST MULKI, MANGALORE TALUK D.K.DISTRICT -574 154. …RESPONDENTS (BY SMT. PRATHIBHA R K., AGA FOR R-1 TO R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 07.02.2025 IN NO. TRS.CR.30/2024-25 ISSUED BY THE R-3 PURSUANT TO THE RESOLUTION DTD. 31.01.2025 PASSED BY THE ZILLA DHARMIKA PARISHATH IN SO FAR AS APPOINTING THE R-4 AND 5 FROM THE SAME FAMILY AND HOUSE AS TRUSTEES TO THE MANAGING COMMITTEE OF SRI.SAVIRALU DHUMAVATHI DAIVASTHANA OF KAVATHARU VILLAGE, MULKI TALUK, D.K DISTRICT, VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA - 3 - NC: 2025:KHC:12818 WP No. 8728 of 2025 ORAL ORDER The petitioner is before this Court seeking the following prayer: "(i) Issue Writ of Certiorari, quashing the Order dated: 07.02.2025 in No.TRS.CR.30/2024-25 issued by the Respondent No.3 pursuant to the Resolution dated: 31.01.2025 passed by the Zilla Dharmika Parishath in so far as appointing the Respondent No.4 and 5 from the same family and house as Trustees to the Managing Committee of Sri.Saviralu Dhumavathi Daivasthana of Kavatharu Village, Mulki Taluk, D.K.District, vide Annexure-A, (ii) Issue a writ of mandamus directing the Respondent No.2 and 3 to consider the Representation dated: 20.02.2025 vide Annexure-G and Application dated: 23.08.2024 vide Annexure-C respectively made by the Petitioner. (iii) Any other writ or order to meets in the ends of justice." 2. The learned counsel for the petitioner on 24.03.2025 had submitted that the Administrator has not yet handed over charge to the Committee. 3. The learned Addl.Government Advocate was directed to secure instructions. The instructions are that the Administrator is still holding the charge and the Committee has not yet been assumed the charge. Learned Addl.Government Advocate would further submit that under Section 63A (2) of The Hindu Religious Institutions and Charitable Endowments - 4 - NC: 2025:KHC:12818 WP No. 8728 of 2025 Act, 1997, the remedy to the petitioner in such circumstances is to file an appeal before Rajya Dharmika Parishat. 4. Learned counsel for the petitioner would submit that an appeal would be preferred, in the meantime, the Committee would take charge and his grievance against respondent Nos.4 and 5 would not be considered. 5. In that light, I deem it appropriate that the petitioner to file an appeal within two weeks from tomorrow i.e., 27.03.2025. In the event the appeal is filed along with an application, the Appellate Authority shall consider the same for passing an interim order or otherwise, if sought by the petitioner. Till such time, the Administrator shall continue to hold charge, which will be subject to the result of the order passed by the Appellate Authority. With the aforesaid observations, the Petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BK:List No.: 1 Sl No.: 33