- 1 - NC: 2025:KHC:3509-DB WA No. 1488 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1488 OF 2024 (GM-R/C) BETWEEN: 1. SRI CHANDRASHEKHAR REDDY S/O ERAPPA THIMMAIAH AGED ABOUT 53 YEARS R/AT #399, 6TH MAIN ROAD 3RD BLOCK, BEL LAYOUT VIDYARANYAPURAM BENGALURU-560 097. 2. SRI RAVISH KUMAR N.S. S/O H.B. SUBBA RAO AGED ABOUT 65 YEARS R/AT NITTUR POST HOSANAGAR TALUK SHIVAMOGGA DISTRICT-577 452. 3. SRI M.L. LAXMISH S/O M. LAXMINARAYANAPPA MANI AGED ABOUT 65 YEARS R/AT NITTUR POST HOSANAGAR TALUK SHIVAMOGGA DISTRICT-577 452. …APPELLANTS Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3509-DB WA No. 1488 of 2024 (BY SRI D.R. RAVISHANKAR, SENIOR ADVOCATE ALONG WITH SRI RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE (MUZRAI) M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE MEMBER SECRETARY RAJYA DHARMIKA PARISHAD AND THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS 4TH FLOOR SRI MINTO ANJANEYA SWAMY BHAVAN, ALUR VENKATARAO ROAD CHAMARAJAPET BENGALURU-560 018. 3. THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS D.C. OFFICE, UDUPI DISTRICT-576 101. 4. THE EXECUTIVE OFFICER SRI KOLLUR MOOKAMBIKA TEMPLE KOLLUR, BYNDOOR TALUK UDUPI DISTRICT-576 220. - 3 - NC: 2025:KHC:3509-DB WA No. 1488 of 2024 5. SRI MAHALINGA VENKA NAIK S/O VENKA MAJOR, R/AT NO.103, JOGI JADDU GORAKALLU METTINA HOLE KALTHODU POST BYANDOOR TALUK UDUPI DISTRICT-576 219. 6. SMT. DHANAKSHI W/O. VISHWANATH MAJOR, R/AT NO.2-233 YOJANA NAGAR, 7TH CROSS YADTARE VILLAGE BYANDOOR TALUK UDUPI DISTRICT - 576 214. 7. SMT. SUDHA K. W/O. RAMA MOGAVEERA MAJOR R/AT KAJI MANE PADUVARI, BYANDOOR TALUK UDUPI DISTRICT-576 214. 8. SRI K. BABU SHETTY S/O LATE NAGAIAH SHETTY MAJOR, R./AT NO.14-85A, ADITHI NILAYA TARGASE POST BYANDOOR TALUK UDUPI DISTRICT-576 214. 9. SRI SURENDRA SHETTY S/O RAMESH SHETTY MAJOR, R/AT #3-14 KOTESWARA KUNDAPURA - 4 - NC: 2025:KHC:3509-DB WA No. 1488 of 2024 UDUPI DISTRICT-576 222. 10. SRI ABHILASH P.V. S/O N. PRABHAKARAN PILLAI MAJOR, R/AT PARAM KRUPA #2/14/1235 A, 2ND CROSS BAJPE MASOUD MASMAS ROAD MANGALURU-575 004. 11. SRI U. RAJESH KARANTH S/O NARASIMHA KARANTH MAJOR, R/AT #1-50 ANANTA NILAYA NEAR GOPAL KRISHNA TEMPLE UPPINAKUDRU VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576 230. 12. SRI RAGHURAM DEVADIGA MAJOR, R/AT PADMA NILAYA GUNDOORU, ALOORU KUNDAPURA TALUK UDUPI DISTRICT-576 233. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R.1 TO R.3; SRI BIPIN HEGDE, ADVOCATE FOR SMT. SHIVANI SHETTY, ADVOCATE FOR R.5 TO 8 AND 12, SRI MAHESH SHETTY, ADVOCATE FOR R.9; R.4, R.10 AND R.11 ARE SERVED AND UNREPRESENTED) - 5 - NC: 2025:KHC:3509-DB WA No. 1488 of 2024 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 30.09.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.26614/2024 AND CONSEQUENTLY STAY ORDER DATED 20.09.2024 BEARING NO.HRICE-ADMOADM8/275/2023- 2024, E 1276980 PASSED BY THE 2ND RESPONDENT AND THEREBY SET ASIDE THE APPOINTMENT OF RESPONDENT NOS.5 TO 12 AS MEMBERS OF THE BOARD OF COMMITTEE OF MANAGEMENT OF SRI KOLLUR MOOKAMBIKA TEMPLE, KOLLUR, UDUPI DISTRICT AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - NC: 2025:KHC:3509-DB WA No. 1488 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned Senior Advocate Mr. D.R. Ravishankar along with learned advocate Mr. S. Rajashekar for the appellants, learned Government Advocate Mr. K.S. Harish for respondent Nos.1 to 3, learned advocate Mr. Bipin Hegde for learned advocate Smt. Shivani Shetty for respondent Nos.5 to 8 and 12 and learned advocate Mr. Mahesh Shetty for respondent No.9. 2. The petitioners-appellants filed the writ petition challenging order dated 20.09.2024 passed by respondent No.2-the Member Secretary, Rajya Dharmika Parishad and the Commissioner for Hindu Religious Institutions and Charitable Endowments. The petitioners wanted to set aside the appointment of respondent Nos.5 to 12 who were the Members of the Board of Committee appointed under Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. - 7 - NC: 2025:KHC:3509-DB WA No. 1488 of 2024 3. While considering the prayer for interim relief, learned Single Judge passed the order dated 30.09.2024 which is made the subject matter of challenge in this appeal. Learned Single Judge took the view that the petitioners have not been able to establish prima facie case for grant of interim stay. It was recorded that the allegations that a committee was constituted on the recommendation of the Ex-MLA of the ruling party were not substantiated as there was no material produced. 4. The order, by its very nature, is interim order and it is not a judgment having any trapping of finality. It has to be observed that the rights of any of the parties are not finally crystallized. The merits are at large to be considered by learned Single Judge in the writ petition. 4.1. It was stated that the petition itself has been listed today before learned Single Judge. 4.2. The Court is not inclined to entertain the appeal since the order is interim order and the rights of the parties are not finally crystallized. Not only that the functioning of the Committee newly - 8 - NC: 2025:KHC:3509-DB WA No. 1488 of 2024 appointed, is expressly made subject to the outcome of the final decision in the petition. 5. This Court has not gone into or expressed anything on merits. 6. In the circumstances, this appeal is not entertained. It is accordingly disposed of. However, learned Single Judge is requested to expeditiously dispose of the writ petition in which the parties shall co-operate. In view of disposal of the appeal, any interlocutory application that may be pending, would not survive and stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 15