SRI MAHAVISHNU MURTHY SEVA TRUST v. STATE OF KARNATAKA
WP/10829/2018 · 2025-07-21
Suraj Govindaraj
body2025
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[ 2025 DAILYLAW 68978 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68978 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27283 WP No. 10829 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10829 OF 2018 (GM-R/C) BETWEEN:
1.
SRI MAHAVISHNU MURTHY SEVA TRUST A REGISTERED TRUST REPRESENTED BY ITS PRESIDENT MR. SRIPATHI BYPADITHAYA KEMMAYI CHIKKAMUDNOORU VILLAGE DAKSHINA KANNADA DISTRICT - 574 203.
2.
MR. K S SRIDHAR BYPADITHAYA S/O LATE SUBRAYA BYAPADITHAYA AGED ABOUT 55 YEARS, CHIKKAMUDNOORU VILLAGE PUTTUR TALUK - 574 203 DAKSHINA KANNADA DISTRICT. …PETITIONERS (BY SRI. A SANATH KUMAR.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPT. OF REVENUE (MUZRAI) M.S.BUILDING DR B.R.AMBEDKAR VEEDHI BANGALORE - 560 001.
2.
ZILLA DHARMIKA PARISHAT OFFICE OF ASST. COMMISSIONER AND DESIGNATED SECRETARY DAKSHINA KANNADA DISTRICT MANGALORE.
3.
RAJYA DHARMIKA PARISHAT ALUR VENKATA RAO ROAD BANGALORE - 560 018 REPRESENTED BY ITS SECRETARY.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:27283 WP No. 10829 of 2018
4.
5.
THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT IN KARNATAKA ALUR VENKATA RAO ROAD BANGALORE - 560 018
NAGESH ACHARYA S/O KRISHNAIAH ACHARYA R/AT KRISHNAGARA CHIKKAMUDNOORU VILLAGE & POST PUTTUR TALUK DAKSHINA KANNADA DISTRICT - 574 203.
(AMENDED AS PER ORDER DATED 25.11.2019) …RESPONDENTS
(BY SRI. MAHANTESH SHETTAR., ADDL. GOVT ADV. FOR R1 & R4;
R2-SERVED V/O DATED 9.6.2025 ;
SRI. G. BALAKRISHNA SHASTRY., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTITON OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER, QUASHING THE IMPUGNED NOTIFICATION DATED 29.9.2012 ISSUED BY R-1 VIDE ANNEX-A IN SO FAR RELETES TO PETITIONERS AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs; a. Issue a Writ of Certiorari or any other writ or order, quashing the impugned notification dated 29.09.2012 issued by the First respondent bearing No. RD 87 MUAABI 2012, Bangalore, vide Annexure-A; in so far relates to petitioners.
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HC-KAR NC: 2025:KHC:27283 WP No. 10829 of 2018
aa. Issue an order of certiorari or order or writ quashing the impugned endorsement dated 10.12.2018 issued by the R1 vide Annexure-H.
b. Issue a writ of certiorari or any other writ or order, quashing the impugned publication dated 04.09.2017 issued by the R2 respondent bearing No. TRS.CR:141/2017-18, vide Annexure-D;
c. Grant such other and further releifs as this Hon’ble Court deems fit in the facts and circumstances of this case including an order as to costs.
2. The issue in the present matter is as regards whether the temple is located in Private Patta Land constituting a private temple or whether it is a public temple.
3. This issue is required to be decided by the Rajya Dharmika Parishat in terms of Section 20 (A)(1)(b). Reserving liberty to the petitioner to approach the Rajya Dharmika Parishat, the petition stands
disposed of. The petitioner would be entitled to the benefit of Section 14 of the Limitation Act for the time spent in prosecuting the above matter.
4. In the event of petitioners not filing any proceedings before the Rajya Dharmika Parishat on or before
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HC-KAR NC: 2025:KHC:27283 WP No. 10829 of 2018
18.8.2025, respondents would be free to take such action as is permissible under law.
5. In the event of any proceedings being filed by the petitioner by 18.8.2025, the respondents are restrained from taking any coercive steps against the petitioner till the disposal of the proceedings.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 56