- 1 - HC-KAR NC: 2025:KHC-D:8474 WP No. 104331 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104331 OF 2025 (GM-R/C) BETWEEN: 1. P.M. RAJA SHEKAR S/O. P.M. GONVINDARAJULU, AGED ABOUT 60 YEARS, OCC: PUJARI AND ARCHAKA OF DURGAMMA TEMPLE, R/O. HARIPRIYA NAGAR, 1ST LEFT CROSS, MOKA ROAD, GANDHI NAGAR, BALLARI. 2. P.M. RAMANJINEYULU S/O. P.M. GOVINDARAJULU, AGED ABOUT 57 YEARS, OCC: PUJARI AND ARCHAKA OF DURGAMMA TEMPLE, R/O. PLOT NO.7, WARD NO.17, NJS LAYOUT, VISHAL NAGAR, ANANTAPUR ROAD, BALLARI-583101. 3. P.M. MARISWAMY S/O. P.M. GOVINDARAJULU, AGED ABOUT 57 YEARS, OCC: PUJARI AND ARCHAKA OF DURGAMMA TEMPLE, R/O. SAI HOMES APARTMENT, PLOT NO.401, 4TH FLOOR, GANDHI NAGAR, BALLARI. …PETITIONERS (BY SMT. SOUBHAGYA S. VAKKUND FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI-583101. VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.14 12:38:25 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8474 WP No. 104331 of 2025 3. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (HR AND CE) DEPARTMENT, 4TH FLOOR, MINOT SRI ANJANEYA BHAVAN, ALURU VENKAT RAO ROAD, CHAMARAJPETE, BENGALURU-18. 4. THE ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, ROOM NO.5, GROUND FLOOR, BLOCK NO.A, NEW ADMINISTRATIVE BUILDING, ANANTAPUR ROAD, BALLARI-583101. 5. THE EXECUTIVE OFFICER, SRI. KANAKA DURUGAMMA TEMPLE, GANDHI NAGAR, BALLARI-583101. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, DIRECTION, ORDER OR ORDERS IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 4.5.2024 AS PER ANNEXURE-C AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. The petitioners, who are the sons of one P.M. Govindarajalu, claim to be the hereditary trustees, pujari and archakas of Kanaka Durgamma Devasthana, Gandhi Nagar, Ballari. Due to interference by respondent Nos.3 to 5, father of the petitioners filed a suit in O.S. No.2/1976 to declare - 3 - HC-KAR NC: 2025:KHC-D:8474 WP No. 104331 of 2025 him as a hereditary trustee of the temple. The said suit came to be decreed on 14.12.1978. This has not been challenged by the respondents. The petitioners continue to be the hereditary trustees and performing poojas in the temple. 2. This being the state of affairs, it is the case of the petitioners that the respondents/endowment authorities failed to take into consideration the petitioners to be the hereditary trustees and have been causing disturbances and inconvenience to their performance of pooja and day to day activities of the temple. The petitioners gave a representation to the authorities to recognize them as hereditary trustees, but, however, the respondents have not acted upon the said representation nor replied to the said representation made by the petitioners. It is the grievance of the petitioners that the respondent-authorities are unnecessarily interfering with the day to day functioning, conducting of pooja in the temple. Hence, the present petition is filed for a writ of mandamus. - 4 - HC-KAR NC: 2025:KHC-D:8474 WP No. 104331 of 2025 3. Learned AGA representing the respondents/State contends that presently the temple has been taken over by the Administrator as the same falls within the Mujarai department coming under respondent No.1. However, he contends that the representation so made by the petitioners would be considered in accordance with law. 4. In view of the said submission, I deem it appropriate to pass the following order. This petition is disposed of directing respondent No.3 to consider the representation of the petitioners dated 04.05.2024 and pass suitable orders in accordance with law within a period of three months from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK