- 1 - HC-KAR NC: 2025:KHC:52504 WP No. 36862 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36862 OF 2025 (GM-R/C) BETWEEN: 1. SREE MAHALINGESHWARA TEMPLE KUKKEHALLI. UDUPI TALUK, UDUPI DISTRICT REPRESENTED BY PRESIDENT OF MANAGING COMMITTEE 2. NAGARAJ BHAT S/O VADIRAJ BHAT AGED ABOUT 48 YEARS, R/AT KUKKE HALLI VILLAGE, UDUPI TALUK - 576 124 PRADHANA ARCHAKARU SRI MAHALINGESHWARA TEMPLE 3. KRISHNANAIKA S/O DEVAPPA NAIKA, AGED ABOUT 36 YEARS R/AT ASHA NIVASA, GADIGGE ROAD, KUKKEHALLI VILLAGE, UDUPI TALUK - 576 124 4. SACHITHA R ALVA D/O GOVINDA MADIVALA, AGED ABOUT 32 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52504 WP No. 36862 of 2025 KALABAILU, KUKKE HALLI VILLAGE, UDUPI TALUK - 576 124 5. MS.SHILPA D/O GOVINDA MADIVALA AGED ABOUT 32 YEARS. KALABAILU KUKKE HALLI VILLAGE, UDUPI TALUK - 576 124 6. MANJAYYA ACHARI S/O SRINIVAS HEGDE, AGED ABOUT 45 YEARS, PARVATHA MANE, KUKKE HALLI VILLAGE, UDUPI TALUK-576124 7. JAYAPRASAD, S/O B M NARASIMHA BAJE, AGED ABOUT 42 YEARS, GANGAVATHI, KUKKE HALLI VILLAGE, UDUPI TALUK - 576 124 8. HARIJEEVAN HEGDE S/O LATE MUDDANNA HEGDE, AGED ABOUT 50 YEARS, DHODDABEDU, KUKKE HALLI VILLAGE, UDUPI TALUK - 576 124 9. NAGAPPA NAYAK S/O APPI NAYAK, AGED ABOUT 65 YEARS, KEREBETTU KUKKEHALLI VILLAGE UDUPI TALUK - 576 124 …PETITIONERS (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:52504 WP No. 36862 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, AMBEDKAR VEEDHI. VIKASA SOUDHA, BENGALURU - 560 001 2. THE COMMISSIONER RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA, MALE MAHADESHWARA BUILDING, ALUR VENKATA RAO ROAD, CHAMRAJAPET, BENGALURU - 560 018 3. THE DEPUTY COMMISSIONER, RAJATHADRI, MANIPAL-576104, UDUPI, UDUPI DISTRICT 4. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE INSTITUTION, DISTRICT OFFICE COMPLEX, 'B' BLOCK, 1ST FLOOR, RAJATAHDRI, MANIPAL UDUPI DISTRICT - 576 104 5. SHERISTEDAR, RRT DIVISION, TAHSHILDAR'S OFFICE UDUPI TALUK-576104. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 4 - HC-KAR NC: 2025:KHC:52504 WP No. 36862 of 2025 QUASH THE NOTIFICATION ECOMP.NO.37129 FILE NO. HRICEU-ADMOTRS/185/2025-ADMN DATED 05.11.2025 ISSUED BY RESPONDENT NO.2 (ANNX-G). 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 Additional Government Advocate accepts notice for respondent Nos.1 to 5. 2. Petitioners are before this Court seeking for the following reliefs: "a) Quashing the notification ECOMP.No.37129 File No.HRICEU-ADMOTRS/ 185/ 2025-ADMN dated 05.11.2025 issued by respondent No.2 (Annexure-G); b) Grant such other relief as this Court deems fit to grant." 3. The contention of Sri. K. Chandranath Ariga, learned counsel for the petitioners is that, once earlier when an Administrator had been appointed on 19.01.2024, before the completion of the three year period of the petitioners, this Court, vide order dated 07.03.2024 - 5 - HC-KAR NC: 2025:KHC:52504 WP No. 36862 of 2025 in Writ Petition No.7409/2024 had stayed the said order which is still pending consideration and as such the respondents could not have, vide the present order dated 01.12.2025, appointed a new Committee. 4. I am unable to agree with the submission of the learned counsel for the petitioners, inasmuch as the said order dated 07.03.2024 in Writ Petition No.7409/2024 had been passed only on account of the fact that the term of three years of the petitioners had not expired. The petitioners Committee having been appointed on 09.11.2022, continued to hold office till 08.11.2025, the present appointment of the Committee made on 01.12.2025, after the term of the petitioners having expired, the respondents have now sought to appoint a new Committee during the term of the petitioners. - 6 - HC-KAR NC: 2025:KHC:52504 WP No. 36862 of 2025 5. The only contention is that the respondents have invited applications during the term of the petitioners' Committee being in operation. 6. The contention of the learned counsel for the petitioners that a Notification inviting applications had been issued prior to the expiry of the term of the petitioners and as such, no casual vacancy had arisen on that day also cannot be accepted since the respondents have acted on the basis of a vacancy arising on 08.11.2025, since the term of the petitioners' Committee would expire on that day. 7. The impugned order has not been passed before 08.11.2025, but has been passed on 01.12.2025, after the vacancy has arisen. 8. The same, in my considered opinion, cannot be said to be in violation of Rule 22 of the Karnataka Hindu Religious Institutions and Charitable Endowment Rules, 2002. - 7 - HC-KAR NC: 2025:KHC:52504 WP No. 36862 of 2025 9. No grounds being made out, the writ petition stands dismissed. 10. Pending I.As. stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 27 CT-SG