- 1 - NC: 2025:KHC:5794 WP No. 33604 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 33604 OF 2019 (GM-R/C) BETWEEN: SREE. SOMESHWARA TEMPLE AGRAHARA, SUBRAMANYA, REPRESENTED BY ITS ADMINISTRATOR AND CONTROLLER HIS HOLINESS SRI SRI. VIDYAPRASANNA THEERTHA SWAMIJI, PEETADIPATHI, JAGADGURU SRI.MADHWACHARYA MAHASAMSTHANAM, SRI SAMPUTA NARASIMHA SWAMY, SRI SUBRAMANYA MUTT, SUBRAMANYA, KADABA TALUK, DAKSHINA KANADA DISTRICT-574 238, REPRSENTED BY ITS G.P.A HOLDER, SRI.S.R.PRASANNA, AGED 56 YEARS, S/O LATE S.R.ROA, NO.24, 1ST MAIN ROAD, SESHADRIPURAM, BENGALURU-560 020. …PETITIONER (BY SRI. UDAYA PRAKASH MULIYA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT, M.S.BUILDING, BENGALURU-560 001. 2. THE COMMISSIONER, DEPARTMENT OF HINDU RELIGIOUS Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5794 WP No. 33604 of 2019 INSTITUTIONS & CHARITABLE ENDOWMENT, A.V.ROAD, CHAMARAJAPET, BENGALURU-560 004. 3. THE DEPUTY COMMISSIONER, DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENT, MANGALORE-D.K-575 004. 4. THE ASSISTANT COMMISSIONER, DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT, MANGALORE, D.K.-575 004. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 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.Udaya Prakash Muliya., counsel for the petitioner and Sri.Mahantesh Shettar., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the proceedings in DVS.LAW:CR.48/2017/13253/F1 on the file of the third respondent vide Annexure-A. - 3 - NC: 2025:KHC:5794 WP No. 33604 of 2019 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Counsel Sri.Udaya Prakash Muliya., appearing on behalf of the petitioner would submit that the petitioner, being a Mutt, is excluded from the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 and as such, the authority concerned has no power to issue any notice or conduct inquiry. By way of reply to this contention, AGA submits that the authority concerned issued notice pursuant to the order passed by this Court in Writ Petition No.58182/2014. Hence, he submits that an appropriate order may be passed. 5. A perusal of proviso to sub-section 4 of Section 1 of the Act makes it very clear that the Act shall not apply to a Mutt or temple attached to or managed by Mutt. In the present case, the petitioner, being a Mutt, the provisions of the Act would not be applicable. The same is also evident from the communication dated:21.12.2000. - 4 - NC: 2025:KHC:5794 WP No. 33604 of 2019 6. The Writ of Certiorari is ordered. The proceedings in DVS.LAW:CR.48/2017/13253/F1 on the file of the third respondent vide Annexure-A is quashed. 7. Resultantly, the Writ petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 31