- 1 - HC-KAR NC: 2025:KHC-D:9261-DB WA No. 100451 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100451 OF 2025 (GM-R/C) BETWEEN: DEVAPPA S/O GUDDAPPA VASARAD AGE: 48 YEARS, OCC: AGRICULTURE, R/O: GUDDAGUDDAPUR, TQ: RANEBENNUR, DIST: HAVERI 581 115. …APPELLANT (BY SRI. AMEET KUMAR DESHPANDE, SENIOR COUNSEL FOR SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, M.S. BUILDING, BENGALURU 560 001. 2. THE COMMISSIONER, HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, CHAMARAJPET, BENGALURU 560 001. 3. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD, DISTRICT COURT COMPLEX, DHARWAD DIST: DHARWAD 580001. CLAIMING TO BE CHIEF ADMINISTRATOR OF, SHREE MALATESH (MAILARLING), TEMPLE COMMITTEE, DEVARAGUDDA, TQ: RANEBENNUR, DIST: HAVERI. 4. THE TAHASILDAR, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI 581 115. VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.01 10:44:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9261-DB WA No. 100451 of 2025 5. SHREE MALATESH (MAILARLING) TEMPLE COMMITTEE, REPRESENTED BY ITS EXECUTIVE OFFICER, R/O: DEVARGUDDA, TQ: RANEBENNUR, DIST: HAVERI 581 115. 6. NAGAPPA S/O NEELAPPA SUNSI AGE: 42 YEARS, OCC: ADVOCATE, R/O: DEVARAGUDDA, TQ: RANEBENNUR, DIST: HAVERI 581 115. 7. SHARANABASAVA S/O FAKIRAPPA ANGADI AGE: 41 YEARS, OCC: ADVOCATE, R/O: NEAR BARAKOTRI, SHIVAGIRI RAILWAY BRIDGE, TQ: AND DIST: DHARWAD. 8. PRAKASH S/O AJJAPPA BANAKAR AGE: 54 YEARS, OCC: AGRIUCULTURE, R/O: GUDDADAGUDDAPURA (DEVARAGUDDA), TQ: RANEBENNUR, DIST: HAVERI 581 115. …RESPONDENTS (BY SRI. V.S. KALASURMATH, HCGP FOR R1 TO R4; SRI. SHAILESH MADIYAL, SENIOR COUNSEL FOR SRI. MRUTYUNJAYA TATA BANGI AND SRI. AVINASH ANGADI, ADVOCATES FOR C/R7; SRI. G.N. NARASAMMANAVAR AND SRI. VENKATESH M. KHARVI, ADVOCATES FOR C/R6) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21.07.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.104279/2025 (GM-R/C), IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:9261-DB WA No. 100451 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal has been filed by the petitioner in the writ proceedings and has called in question the correctness of the order dated 21.07.2025, whereby the learned Single Judge has modified the interim order earlier granted on 3.7.2025 and has permitted the constitution of a new Committee. 2. The learned Senior Counsel Sri. Amit Deshpande appearing on behalf of the appellant, who was the petitioner, has contended that the modification of the interim prayer was made without providing full opportunity to file objections to the impleading application. 3. It must be noticed that the main prayer in the writ petition was for setting aside the Notification dated 27.6.2025 passed by the learned Principal District and Sessions Judge, Dharwad at Annexure-D. Under Notification dated 27.6.2025 at Annexure-D, fresh process of selection of a new committee was set into motion. The learned Single Judge at an earlier point of time has considered and granted interim order. Under impugned order dated 3.7.2025, the learned Single Judge has passed the order of staying the operation and execution of the - 4 - HC-KAR NC: 2025:KHC-D:9261-DB WA No. 100451 of 2025 notification dated 27.6.2025 passed by the learned Principal District and Sessions Judge, Dharwad. It appears that the said interim order dated 3.7.2025 was continued for sometime and it is only later the impugned order dated 21.07.2025 came to be passed at the instance of the impleading applicant. 4. It must be noticed that even after the interim order dated 3.7.2025 was passed, undisputedly, it is the committee constituted by the learned Principal District and Sessions Judge, Dharwad, that has continued to administer the temple. It is also to be noticed from the perusal of the order impugned herein of the learned Principal District and Sessions Judge, Dharwad that the efforts were made for having new committee by virtue of the provisions of the bye-laws pursuant to the settlement scheme in OS No.5/1906. The learned Single Judge has observed that the contention of the learned AGA is that the old committee had continued to hold the function for more than 15-20 years. It is to be noticed that there is a scheme in force pursuant to the proceedings in OS No.5/1906. There are also set of bye-laws, which provide the Committee to do function for a period of five years. The writ petition is still to be heard. - 5 - HC-KAR NC: 2025:KHC-D:9261-DB WA No. 100451 of 2025 5. It is the case of learned Senior Counsel appearing on behalf of the petitioner that the direction of the Court would not have any legal effect consequent to the provisions of Karnataka Hindu Religious Institutions and Charitable Endowments Act, 19971. 6. It must be noticed that by virtue of interim order passed by the learned Single Judge dated 21.07.2025, the learned Principal District and Sessions Judge, Dharwad was permitted to take action on the constitution of new committee. Needless to state that even after passing of the impugned order dated 3.7.2025, the committee constituted by the learned Principal District & Sessions Judge, Dharwad continues to be in force and any action taken in pursuance of the order passed by the learned Single Judge dated 21.07.2025, would result in new committee to continue its day to day functioning and management of affairs. The learned Principal District & Sessions Judge, Dharwad has issued notification dated 26.07.2025 to conduct the proceedings by virtue of which, new committee would come into effect. Needless to state that any 1 For short, ‘the Act, 1997’ - 6 - HC-KAR NC: 2025:KHC-D:9261-DB WA No. 100451 of 2025 action pursuant to the order dated 21.07.2025 would be subject to outcome of the present writ proceedings. 7. The issue regarding effect of provisions of the Act, 1997 superseding any direction passed in the suit as regards administration of the temple is a substantial issue that requires to be heard on merit and cannot be pre-judged. At this point of time, we find that the order of learned Single Judge merely modifying the earlier interim order would not have any prejudicial effect vis-à-vis, the petitioner in the writ petition itself. By virtue of the order passed by the learned Single Judge dated 21.07.2025 and action taken by the learned Principal District and Sessions Judge, Dharwad to set-up new committee, the same would be governed by the bye-laws. Accordingly, we refuse to intervene at this stage as against the interim order dated 21.07.2025, while keeping open all contentions of both sides and observing that needless to state that any action taken by the learned Principal District & Sessions Judge, Dharwad pursuant to the order dated 21.07.2025 passed by the learned Single Judge, would be subject to final order to be passed by the learned Single Judge in the writ proceedings. - 7 - HC-KAR NC: 2025:KHC-D:9261-DB WA No. 100451 of 2025 8. However, we would request the learned Single Judge to expedite the hearing of the writ petition. 9. With the above, the writ appeal stands disposed off. Needless to state that all the parties to co-operate in expeditious disposal of the pending writ petition before the learned Single Judge. Pending interlocutory applications, if any, are disposed off as not surviving for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 34