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2025 DAILYLAW 22457 (KAR)
SREE BAYALANJANEYA SEVA SAMITHI (R) v. STATE OF KARNATAKA REPRESENTED BY ITS
WP/7216/2015 · 2025-01-21
Jyoti Mulimani
body2025
[ 2025 DAILYLAW 22457 (KAR) · dailylaw.ai ]
[ 2025 DAILYLAW 22457 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2433 WP No. 7216 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 7216 OF 2015 (GM-R/C) BETWEEN:
SREE BAYALANJANEYA SEVA SAMITHI (R) REPRESENTED BY ITS SECRETARY, K.P.HANUMANTHARAYAPPA, AGED ABOUT 60 YEARS, KADUGUJJANAHALLI, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DIST.
(REPRESENTED BY ITS COUNSEL L.SIDDAIAH AND S.ANIL KUMAR, ADVOCATES, NO.2554, 14TH CROSS, 24TH MAIN, HSR LAYOUT, 1ST SECTOR, BANGALORE-560 102. …PETITIONER (BY SRI. K.S.UDAY., ADVOCATE FOR SRI. C.M.NAGABUSHANA., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDINGS, DR. AMBEDKAR ROAD, BANGALORE-560 001.
2. COMMISSIONER, DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, CHAMARAJAPET, BANGALORE-560 018.
3.
ASSISTANT COMMISSIONER, TUMKUR SUB-DIVISION, TUMKUR-572 103.
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
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NC: 2025:KHC:2433 WP No. 7216 of 2015
4.
SMT JAYAMMA W/O CHANNAGANGAIAH, MAJOR, SEETHAKAL VILLAGE, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DIST-572 140.
…RESPONDENTS (BY SRI. M.SRINIVAS KUMAR., HCGP FOR R1 TO 3;
SRI. DEVARAJA.L., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.K.S.Uday., counsel on behalf of Sri.C.M.Nagabushana., for the petitioner, Sri.M.Srinivas Kumar., HCGP for respondents 1 to 3 and Sri.Devaraja.L., counsel on behalf of Sri.Madhukar Deshpande., for respondent No.4 have appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Government Order dated:23.01.2015 passed by the first respondent in ¸ÀASÉå:PÀAE 03 ªÀÄÄD© 2015 vide Annexure-D.
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NC: 2025:KHC:2433 WP No. 7216 of 2015
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
4. Suffice it to note that the Government exercising power under Section 42 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (for short 'the Act) passed an order on 23.01.2015 declaring Shri Anjaneyaswamy Temple situated in Sy.No.28 of Kadugujjanahalli Village, Urdigere Hobli, Tumakur Taluk, Tumakur District as Declared Institution.
5. Counsel for the petitioner contends that in view of Section 43(8) of the Act, the Notification/ Government order shall remain in force for a period of five years and the same has been lapsed as of today. Counsel therefore, submits that an appropriate order may be passed.
6. The Notification/ Order passed by the Government declaring Shri Anjaneyaswamy Temple as Declared Institution under Section 42 of the Act has been furnished along with the Writ Petition and the same is marked as Annexure-D. A careful perusal of the same reflect that it was passed back in the year
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NC: 2025:KHC:2433 WP No. 7216 of 2015
2015. As per Section 43(8) of the Act, the period of the Notification/ Order shall remain only for a period of five years. Because of the completion of five years, nothing survives for
consideration in the Writ Petition at this juncture.
7. Resultantly, the Writ Petition is disposed of. However, the Government may act in accordance with the law if so advised. Sd/-
(JYOTI MULIMANI) JUDGE
MRP List No.: 3 Sl No.: 35