- 1 - HC-KAR NC: 2025:KHC:53620 WP No. 36874 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36874 OF 2025 (GM-R/C) BETWEEN: SRI. OBOJI RAO S/O LATE PARAMESHWARA RAO, AGE ABOUT 72 YEARS, OCC: RETIRED BANK EMPLOYEE & AGRICULTULRE, RESIDING AT PADUMANE, KAVATTHARU VILLAGE AND POST, MANGALURU TALUK, D.K. DISTRICT - 574 154. …PETITIONER (BY SRI. PRASANNA V.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP.BY ITS SECRETARY, DEPT. OF HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENTS VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE COMMISSIONER, DEPT. OF HRI AND CE STATE OF KARNATAKA MINTO ANJANEYA BUILDING CHAMRAJPET, BANGALORE - 560 018. 3. THE ZILLA DHARMIKA PARISHATH REP. BY ITS MEMBER SECRETARY CUM-ASSISTANT COMMISSIONER, DEPT. OF HRI AND CE D.K. DISTRICT, MANGALORE - 575 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53620 WP No. 36874 of 2025 4. SRI. VIJAYA BHASKAR SHETTY S/O LATE GOPALA SHETTY AGED MAJOR R/AT BAILAGUTTU HOUSE, KAVATHARU VILLAGE AND POST MULKI, MANGALORE TALUK D.K.DISTRICT - 574 154. 5. SRI. K.V. RAMESH AJILA S/O VENKAPPA AJILA AGED MAJOR R/AT BAILAGUTTU HOUSE, KAVATHARU VILLAGE AND POST MULKI, MANGALORE TALUK D.K.DISTRICT - 574 154. 6. THE RAJYA DHARMIKA PARISHATH REP. BY ITS EX-OFFICIO SECRETARY CUM- COMMISSIONER, DEPT. OF HRI AND CE MINTO ANJANEYA TEMPLE BUILDING, CHAMARAJAPETE, BENGALURU - 560 019. …RESPONDENTS (BY SRI. R. RAVINDRANATH, AGA FOR R/STATE; SRI. HARISCHANDRA M, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE WRIT OF CERTIORARI, QUASHING THE ORDER DATED. 07.02.2025 IN NO.TRS.CR.30/2024-25 ISSUED BY THE RESPONDENT NO.3 PURSUANT TO THE RESOLUTION DATED. 31.01.2025 PASSED BY THE ZILLA DHARMIKA PARISHATH IN SO FAR AS APPOINTING THE RESPONDENT NO.4 AND 5 FROM THE SAME FAMILY AND HOUSE AS TRUSTEES TO THE MANAGING COMMITTEE OF SRI. SAVIRALU DHUMAVATHI DAIVASTHANA OF KAVATHARU VILLAGE, MULKI TALUK, D.K. DISTRICT, VIDE ANNEXURE-A AND ETC., - 3 - HC-KAR NC: 2025:KHC:53620 WP No. 36874 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) Issue Writ of Certiorari, quashing the Order dated: 07.02.2025 in No.TRS.CR.30/2024-25 issued by the Respondent No.3 pursuant to the Resolution dated: 31.01.2025 passed by the Zilla Dharmika Parishath in so far as appointing the Respondent No.4 and 5 from the same family and house as Trustees to the Managing Committee of Sri. Saviralu Dhumavathi Daivasthana of Kavatharu Village, Mulki Taluk, D.K. District, vide Annexure-A, (b) Issue a writ of mandamus directing the Respondent No.2 and 3 to consider the Representation dated: 20.02.2025 vide Annexure-G and Application dated: 23.08.2024 vide Annexure-C respectively made by the Petitioner. (c) Any other writ or order to meets in the ends of justice. 2. The petitioner has sought for the very same reliefs, which have been sought for herein in an appeal in RDP/TRI/02/2025-26, which reads as under: (a) Call for records from the 1st Respondent Zilla Dharmika Parishath with respect to the Resolution dated.31.01.2025 in proceeding No. FRS.CR.30/2024- 25 followed with an Order dated.07.02.2025 vide Annexure-A, (b) Set-aside the Order dated: 07.02.2025 in No.TRS.CR.30/2024-25 issued by the Respondent No.1 pursuant to the Resolution dated: 31.01.2025 passed by the Zilla Dharmika Parishath in so far as appointing the Respondent No.2 and 3 from the same - 4 - HC-KAR NC: 2025:KHC:53620 WP No. 36874 of 2025 family and house as Trustees to the Managing Committee of Respondent No.4 Shri.Saviralu Dhumavathi Daivasthana of Kavatharu Village, Mulki Taluk, D.K.District, vide Annexure-A, and (c) Direct the 1st Respondent to appoint the Appellant as one of the trustees to the said Daivastana by considering the Application dated: 23.08.2024 vide Annexure-C made by the Appellant in the interest of Justice and Equity. 3. Though the counsel for the petitioner submits that there is no Coram, which is available before the Tribunal for consideration of the matter, the fact remains that the reliefs which have been sought before this Court and that sought for before the Tribunal are one and the same. The petitioner could not have maintained the same reliefs before both the forums. The same is an abuse of process of the Court. 4. In that view of the matter, though this Court could impose costs, refraining from doing so, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 21