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2025 DAILYLAW 78644 (KAR)

SRI. KARKALA SRI. MAARIYAMMA TEMPLE v. THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS

WP/14670/2024 · 2025-11-05

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45659 WP No. 14670 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14670 OF 2024 (GM-R/C) BETWEEN: SRI KARKALA SRI MAARIYAMMA TEMPLE, KARKALA TALUK, UDUPI DISTRICT-574 104, BY ITS MANAGING TRUSTEE, K B GOPALAKRISHNA RAO, AGED ABOUT 85 YEARS, S/O LATE ANNAPAP SHERVEGAR. …PETITIONER (BY SRI M E NAGESH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, UDUPI DISTRICT-576 101. 2. THE ASSISTANT COMMISISONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, UDUPI DISTRICT-576 101. 3. K SOMANATH NAYAK, AGED MAJOR, MEMBER OF MUNICIPAL COUNCIL, KARKALA, GANESH NIVAS, PERVAJE ROAD, KARKALA, UDUPI DISTRICT 574 220. …RESPONDENTS (BY SRI B RAVINDRANATH, AGA FOR R-1 & R-2; SRI RAKSHITH KUMAR, ADVOCATE FOR R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS. B) QUASH THE ORDER PASSED BY THE DEPUTY COMMISSIONER / Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45659 WP No. 14670 of 2024 DISTRICT MAGISTRATE, UDUPI DISTRICT DATED 15/05/2024 IN NO. DC/UDP/19011/(19)1/2024/140328 AS PER ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. "Call for records; b. Issue a Writ of Certiorari quashing the order passed by the Deputy Commissioner/District Magistrate, Udupi District dated 15.05.2024 in No. DC/UDP/19011/(19)/1/2024/140328 as per Annexure-B; c. And for any order or direction as this Hon'ble Court deems fit to pass in the interest of justice." 2. Learned counsel for the petitioner after arguing for two occasions today submits that necessary proceedings for auction of the premises could be taken under Rule 30 of the Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002. 3. Placing the said submission on record, the petition stands disposed of. - 3 - HC-KAR NC: 2025:KHC:45659 WP No. 14670 of 2024 4. Reserving liberty to the concerned authorities to take such action as is permissible under law if there any violation by the petitioner as regards construction or otherwise carried out by the petitioner without obtaining any permission. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 72