Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 39900 (KAR)

THE MANAGING TRUSTEE v. THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS

WP/23914/2025 · 2025-09-02

B M Shyam Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34880 WP No. 23914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23914 OF 2025 (GM-R/C) BETWEEN: THE MANAGING TRUSTEE SRI MARIAMMA TEMPLE, KARKALA TALUK, UDUPI DISTRICT, BY K.B.GOPALAKRISHNA, S/O K.B.ANNAPPA SHERIGAR, KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 576 104. …PETITIONER (BY SRI. NAGESH M.E.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, RAJATHADRI, UDUPI DISTRICT - 576 101. 2. THE ASSISTANT COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34880 WP No. 23914 of 2025 RAJATHADRI, UDUPI DISTRICT - 576 101. 3. THE TAHASILDAR, KARKALA TALUK, UDUPI DISTRICT - 576 104. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 AND 3 TO REMOVE THE LOCKS OF THE TEMPLE, SRI. MARIYAMMA TEMPLE, KARKALA AS PRAYED FOR BY THE PETITIONERS UNDER ANNEXURES - F AND G DATED 23.06.2025 AND 19.07.2025 RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:34880 WP No. 23914 of 2025 ORAL ORDER The petitioner, who has succeeded in the earlier petition in W.P.No.16481/2025, seeks directions to the second and third respondents to remove the locks of the Temple [Sri Mariyamma Temple, Karkala]. The operative portion of this Court's order dated 12.06.2025 reads as under: "8. In light of the same and the submission made by Additional Government Advocate, the order at Annexure-E is to be treated as a Show Cause Notice. 9. Petitioner to mark their presence before the Deputy Commissioner and make out their reply within two weeks from the date of receipt of certified copy of the order. 10. The state to clearly make it known to the petitioner as to the procedure under Sections 28 and 29 that it intends to follow on the first date on which the petitioner appears before the respondent - Authority and thereafter proceed further. All contentions are kept open. 11. Needless to state no decision can be taken to interfere with the management of the temple till final decision is taken after hearing the petition. Accordingly, petition is disposed off." On 22.08.2025, this Court, while considering the petitioner's grievance in the present petition, has called upon the Tahsildar to ensure there is due - 4 - HC-KAR NC: 2025:KHC:34880 WP No. 23914 of 2025 compliance with the directions and to file a Report. Mrs. Navya Shekhar, the learned Additional Government Advocate, places on record a memo with certain documents, which are taken on record. Mr. M. E. Nagesh, the learned counsel for the petitioner, submits that the lock is open and the petitioner has access to the Temple. However, Mr. M. E. Nagesh submits that notwithstanding the report to this Court, a letter is addressed to the Bank by the Tahsildar stating that he would operate the account. In response, Mrs. Navya Shekhar submits that the efficacy of that letter must be considered in the light of the fact that it is prior to the locks being opened and the Tahsildar had taken over the administration of the Temple. These explanations be them as they are, must recede in significance with this Court's specific direction that no decision can be taken to interfere with the Management of the Temple till a final - 5 - HC-KAR NC: 2025:KHC:34880 WP No. 23914 of 2025 decision is taken after hearing the petitioner. This must suffice even for operating the Bank account. The petition stands disposed of with liberty to the petitioner to file a certified copy of this order with the Bank to enable operation of the account. This arrangement can only be, as observed by this Court in the earlier petition in W.P.No.16481/2025, until the culmination of the inquiry. In view of disposal of the main petition, all the pending applications also stand disposed of. SD/- (B M SHYAM PRASAD) JUDGE RB