- 1 - HC-KAR NC: 2025:KHC:29097-DB WA No. 1189 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1189 OF 2025 (GM-R/C) BETWEEN: 1. SHREE GALI ANJANEYA SWAMY TEMPLE BYATARAYANAPURA MYSORE ROAD BANGALORE - 560 026 REPRESENTED BY ITS TRUSTEE AND CONVENOR SRI. B. P. NAGARAJU @ ASHOK 2. SHREE GALI ANJANEYA SWAMY TEMPLE TRUST BYATARAYANAPURA MYSORE ROAD BANGALORE - 560 026. REPRESENTED BY ITS TRUSTEE AND CONVENOR SRI. B.P. NAGARAJU @ ASHOK 3. SRI. B. M. HANUMANTHAPPA S/O. LATE B.V. MUNIYAPPA AGED 75 YEARS, NO. E-49 5TH CROSS, 1ST MAIN ROAD OPPOSITE GOVERNMENT MIDDLE COLLEGE BYATARAYANAPURA MYSORE ROAD BANGALORE 560 026. (PRESIDENT OF TEMPLE TRUST) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29097-DB WA No. 1189 of 2025 4. SRI. B. M. PATEL PANDU S/O. LATE MUNIYAPPA AGED 69 YEARS FOUNDER SRI. PATEL GULLAPPA EDUCATIONAL INSTITUTION, AVALAHALLI MYSORE ROAD BANGALORE - 560 026 (VICE-PRESIDENT OF THE TEMPLE TRUST). 5. SRI. B. P. NAGARAJU @ ASHOK S/O. LATE B. V. POOJAIAH AGED 54 YEARS, NO.2 OLD NO.200, 8TH CROSS BAPUJI EXTENSION CHANDRA LAYOUT NEAR ADIGAS HOTEL VIJAYANAGAR BANGALORE - 560 040. …APPELLANTS (BY SRI: PRAMOD NAIR, SR. ADVOCATE A/W SRI: VAMSHI KRISHNA C., ADVOCATE) AND: 1. THE UNDER SECRETARY TO THE DEPARTMENT OF REVENUE (THE RELIGIOUS AND ENDOWMENTS DEPARTMENT) KEMPEGOWDA ROAD BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTRICT BENGALURU - 560 009 2. OFFICE OF THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT KEMPEGOWDA ROAD BEHIND KANDAYA BHAVANA - 3 - HC-KAR NC: 2025:KHC:29097-DB WA No. 1189 of 2025 BENGALURU URBAN DISTRICT BENGALURU - 560 009 3. OFFICE OF THE ADDITIONAL DEPUTY COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT KEMPEGOWDA ROAD BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTRICT BENGALURU- 560009 AND ALSO AT MUZRAI WORKS, NAGARA SABHAVAYALA 4TH FLOOR, PODIUM BLOCK VISHWESHRAYYA GOPURA BENGALURU - 560 001. 4. OFFICE OF THE ASSISTANT COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT MUZRAI WORKS, NAGARA SABHAVAYALA 4TH FLOOR, PODIUM BLOCK VISHWESHRAYYA GOPURA BENGALURU - 560 001. …RESPONDENTS (BY SRI: H.M. DEVADASS, AAG A/W SRI: S.H. RAGHAVENDRA, AGA FOR RESPONDENTS 1 TO 3 SRI. HARISHCHANDRA MOVVAR, ADVOCATE FOR C/R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO GRANT THE FOLLOWING PRAYERS A) SET ASIDE THE IMPUGNED ORDER DATED 16/07/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.20918/2025 (GM-R/C) TO THE PRESENT APPEAL B) MAY PASS ANY OTHER ORDER C) DIRECT THE RESPONDENTS TO PAY THE COST OF PRESENT LITIGATION. - 4 - HC-KAR NC: 2025:KHC:29097-DB WA No. 1189 of 2025 THIS WRIT APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE AND HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have preferred this appeal impugning the order dated 16.07.2025 passed by the learned Single Judge. 2. The appellants claim to be a hereditary trustees of the ancient temple by name "Shree Gali Anjaneya Swamy Temple. The appellants are aggrieved by the said temple being declared as Notified Institution in exercise of the powers conferred under Sections 42 and 43 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. In terms of an order dated 08.07.2025, the respondents have taken over the management of the Notified Institution. - 5 - HC-KAR NC: 2025:KHC:29097-DB WA No. 1189 of 2025 3. The appellants filed the petition impugning the said order. The petitioners challenge is pending consideration before the learned Single Judge. However, prayer for an interim order of stay of the order dated 08.07.2025 has been rejected by the impugned order. 4. It is apparent to set out the extracts of paragraphs 7, 8 and 9 of the impugned order, which encapsulates the reason for the learned Single Judge to decline the interim relief: "7. The procedure under Section 43 is prima facie followed. Though, it is the strenuous contention that there is absence of satisfaction by the Commissioner by placing reliance on the order in W.A.No.154/2024, however, such aspect is a matter to be conclusively adjudicated upon after the respondent State were to file their statement of objections and place necessary records. The proceedings are still at a preliminary stage. 8. The order passed at Annexure-'A' by the Government refers to the proceedings of the Commissioner and there is a recital in the order that there has been recommendation by the - 6 - HC-KAR NC: 2025:KHC:29097-DB WA No. 1189 of 2025 Commissioner for taking over the Management of the Institution. The aspect of satisfaction as asserted is a matter for consideration after the records are produced by the respondent State. When the respondent State is yet to take its stand in writing and is required to place the records of the proceedings, it would not be appropriate to ignore the assertion in the order at Annexure-'A' that the Commissioner has made his recommendation. 9. The respondent State has filed a memo and has produced documents evidencing taking over of the Management. The memo contains records clearly indicating the physical take over of the Institution." 5. Considering that the order passed by the learned Single Judge is on the interim order and prima facie, the learned Single Judge has clearly set out the reasons and has persuaded the Court to decline the interim relief, we are not inclined to interfere with the impugned order at this stage. However, we request the learned Single Judge to take up the petition at an earlier date as convenient and request the Court to dispose off the petition as - 7 - HC-KAR NC: 2025:KHC:29097-DB WA No. 1189 of 2025 expeditiously as possible and preferably within a period of four months from this date. 6. The appeal is disposed off in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 32