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2025 DAILYLAW 57576 (KAR)

BHAGAMANDALA GRAM PANCHAYAT v. THE STATE OF KARNATAKA

WP/10093/2025 · 2025-11-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45095 WP No. 10093 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10093 OF 2025 (GM-TEN) BETWEEN: BHAGAMANDALA GRAM PANCHAYAT BHAGAMANDALA, KODAGU DISTRICT-571247 REPRESENTED BY P.D.O SRI NANDA P R S/O. RAMU.P AGED ABOUT 47 YEARS. …PETITIONER (BY SRI. RAVIKUMAR M C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANASAUDHA BANGALORE-560001 2. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI-571201 3. THE EXECUTIVE OFFICER, BHAGANDESWARA /TALAKAVERI TEMPLE, BHAGAMANDALA, KODAGU DISTRICT-571247 …RESPONDENTS (BY SRI. RAVINDRANATH., AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ANNEXURE-A DTD 11.03.2025 PASSED BY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45095 WP No. 10093 of 2025 THE R-3/ EXECUTIVE ENGINEER HEREIN AS NULL AND VOID BY EXCEEDING JURISDICTION AND BEING A VIOLATION OF BOTH THE KARNATAKA HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENTS ACT, 1997 AND KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1997 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for Respondent No.1 to 3. 2. The Petitioner is before this Court seeking for the following reliefs: a. Writ of certiorari quashing ANNEXURE-A, dated 11- 03-2025 passed by the third Respondent / Executive Engineer herein as null and void by exceeding jurisdiction and being a violation of both the Karnataka Hindu Religious Institution and Charitable Endowments Act, 1997 and Karnataka Gram Swaraj and Panchayat Raj Act, 1997, b. Issue a direction that the third Respondent has no legal right to enhance its common Pool Funds by collecting fees from vehicles when the Karnataka Hindu Religious Institution and Charitable Endowments Act, 1997 does not provide so and c. Pass such other relief or reliefs as this Hon'ble Court may deem fit to grant in the circumstances of the case including costs, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:45095 WP No. 10093 of 2025 3. The dispute essentially is between the Grama Panchayath, and the Executive Officer of the temple as regards a tender which has been issued by Respondent No.3, Executive Officer inviting bids in respect of parking areas. 4. The learned counsel for the Petitioner for the Panchayath contends that it would be entitled to the amounts which are required to maintain the area. 5. The dispute therefore is between the Panchayath and an officer appointed by the State, which in my opinion would come within the purview of the Karnataka State Dispute Resolution Policy, 2021 which provides for an amicable resolution of the matter through the Committee appointed by the Chief Secretary. - 4 - HC-KAR NC: 2025:KHC:45095 WP No. 10093 of 2025 6. In that view of the matter, I pass the following: ORDER i) The above dispute is referred to the Committee appointed by the Chief Secretary, Government of Karnataka. ii) Until resolution of the matter by the said Committee, the operation of the Annexure-A being the order dated 11.3.2025 passed by Respondent No.3 is stayed. iii) With the above observations, the Writ Petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 3