- 1 - HC-KAR NC: 2025:KHC:47128 WP No. 21884 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.21884 OF 2022 (GM-R/C) BETWEEN: 1. SRI. E. SRINIVASA BHAT S/O LATE VISHNUMURTHY BHAT, AGED ABOUT 44 YEARS, R/AT SRI DEVI KRUPA, NEAR LAKSHMI JANARDHANA TEMPLE, YELLARE POST, KARKALA TALUK, UDUPI DISTRICT-574108. 2. SRI. VYASARAJA ACHARYA S/O SRI H JANARDHANA ACHARYA, AGED ABOUT 34 YEARS, R/AT SRI RAGHAVENDRA NILAYA, YELLARE POST, VIA MUNIYALU, KARKALA TALUK, UDUPI DISTRICT-574108. …PETITIONERS (BY SRI. RAJASHEKAR S.,ADVOCATE) AND: 1. THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS 4TH FLOOR, SRI MINTO ANJANEYA SWAMY BHAVAN, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47128 WP No. 21884 of 2022 ALUR V BENKATARAO ROAD, CHAMARAJAPET, BENGALURU-560018. 2. THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABEL ENDOWMENTS, OFFICE OF THE DEPUTY COMMISSIONER, RAJATHADRI COMPLEX, MANIPAL, UDUPI DISTRICT, UDUPI-576104. 3. THE PRESIDENT SRI LAKSHMI JANARDHANA TEMPLE, YELLARA, KARKALA TALUK, UDUPI DISTRICT-574108 REGISTERED UNDER THE HINDU RELIGIOUS INSTITUTIONS ACT). 4. SRI VISHWANATH BHAT S/O KESHAVA NAYAK, AGED ABOUT 45 YEARS, R/AT NO.2/1 (3), ANDARU VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574108. 5. THE ASSISTANT COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABEL ENDOWMENTS KARKALA TALUK, OFFICE OF THE DEPUTY COMMISSIONER, RAJATHADRI, UDUPI DISTRICT-576101. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1, R2 & R5) - 3 - HC-KAR NC: 2025:KHC:47128 WP No. 21884 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 16.06.2022 SIGNED ON 11.10.2022 PASSED BY THE RESPONDENT NO.1 IN CASE NO. ADM.7.AP.16/2020-21 TO THE EXTENT DIRECTING THE RESPONDENT NO.2 TO GIVE EFFECT TO THE ORDER DATED 04.01.2021 VIDE ANNEXURE-L TILL THE FINAL DECISION IS TAKEN VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this Writ Petition, petitioners are assailing the order dated 16.06.2022 (Annexure-A) passed by respondent No.1. It is submitted by Sri. Rajashekar S., learned counsel for the petitioners that Irvattur Shree Lakshmi Janardhana Temple of Yellare Village, Karkala Taluk, Udupi District, is a notified Temple and the hereditary archakas are performing the pooja. In this regard, he refers to the partition deed dated 11.03.1907 - 4 - HC-KAR NC: 2025:KHC:47128 WP No. 21884 of 2022 (Annexure-B) and contended that, the said partition deed stipulates about performance of pooja by the hereditary archakas amongst the members of the joint family. Proceedings having been initiated with regard to performance of pooja, wherein, the petitioners had the benefit of interim order. However, abruptly, without any reason, the interim order was vacated by order dated 25.03.2022 (Annexure-P) and the same was challenged by the petitioners before this Court in W.P.No.10233/2022. This Court, by order dated 27.05.2022 passed the interim order staying the order dated 25.03.2022. Learned counsel appearing for the petitioners further invited the attention of the Court to the memorandum dated 27.03.2009 (Annexure-D) wherein the performance of pooja by the petitioners has been recognised by the respondent - authorities. Learned counsel further submitted that as against the order dated 04.01.2021 in Dispute No.DC.UDP/19011(12)73/2019 with regard to appointment of Archaka to the temple in question, the petitioners preferred appeal before the respondent No.1 in Dispute No.ADM 7/AP 16/2020-21 and the respondent No.1, by order dated 16.06.2022, allowed the appeal preferred by the petitioners in - 5 - HC-KAR NC: 2025:KHC:47128 WP No. 21884 of 2022 part and remitted the matter to the respondent No.2 for fresh consideration by issuing notice to all the concerned and till the conclusion of the dispute before respondent No.2, performance of pooja was directed to be done in terms of the impugned order dated 04.01.2021. It is contended by the learned counsel for the petitioners that, therefore, the petitioners have presented this Writ Petition. 3. Per contra, learned Additional Government Advocate sought to justify the action of the respondents. 4. In the light of the submissions made by the learned counsel appearing for the parties, it is forthcoming from the partition deed dated 11.03.1907 (Annexure-B) and the memorandum dated 20.03.2019 (Annexure-D), wherein performance of pooja by ancestors of the petitioners has been recognised in respect of the temple in question. In the meanwhile, proceedings has been initiated before respondent No.2 in Dispute No.DC.UDP/19011(12)73/2019 wherein respondent No.2 has confirmed the appointment of respondent No.4 herein, as Archaka in so far as performance of pooja is concerned. - 6 - HC-KAR NC: 2025:KHC:47128 WP No. 21884 of 2022 5. It is to be noted that the proceedings initiated before respondent No.2 in Dispute No.DC.UDP/19011(12)73/2019 (Annexure-L), in which the order dated 04.01.2021 came to be passed by the respondent No.1 and as against the said order, petitioners had preferred Appeal in Dispute No.ADM/7/AP- 16/2020-21 in which proceedings, petitioners had the benefit of interim order dated 12.03.2021 granted by the first respondent (Annexure-P). However, abruptly the interim order was vacated by the first respondent by order dated 25.03.2022 without any reason or hearing the parties and same was questioned by the petitioners before this Court in W.P.No.10233/2022 (Annexure- R). This Court, vide order dated 27.03.2022(Annexure-S), stayed the order dated 25.03.2022 passed by the first respondent. 6. In the backdrop of the above aspects, it is to be noted from the Writ Petition papers that the respondent No.1 by order dated 16.06.2022 (Annexure-A), erroneously passed an order directing the respondent No.2 to reconsider the matter afresh by issuing notice to all the parties concerned in so far as performance of pooja is concerned and further directed to - 7 - HC-KAR NC: 2025:KHC:47128 WP No. 21884 of 2022 continue performance of pooja as per the order dated 04.01.2021 passed by the first respondent in dispute No.DC.UDP/19011(12)73/2019, till a decision is taken by the second respondent. 7. Taking into consideration the aforementioned aspects where, the order dated 20.03.2009 (Annexure-D), itself is self- evident which makes it clear that the performance of pooja has to be done only by hereditary archakas, and taking into consideration the aforementioned aspects that pooja of the temple in question has to be performed by the hereditary archakas alone who are the ancestors of the petitioners and thereafter by the petitioners as per their respective terms as agreed in the partition deed dated 11.03.1907 (Annexure-B), I am of the view that, the direction issued by respondent No.1 in the order dated 16.06.2022 (Annexure-A) is unsustainable in law and the same is required to be set aside. 8. It is made clear that since the Temple in question is a notified Temple and the Archakas of the Temple are the hereditary Archakas and in that view of the matter, respondent - authorities have no jurisdiction to take any decision in so far - 8 - HC-KAR NC: 2025:KHC:47128 WP No. 21884 of 2022 as the performance of pooja is concerned. In that view of the matter, the Order dated 16.06.2022 (Annexure-A) in No.ADM/7/AP-16/2020-21 passed by respondent No.1 and the Order dated 04.01.2021 (Annexure-L) in dispute No.DC.UDP/19011(12)73/2019 passed by the respondent No.2, are hereby set aside. 9. With the above observation, the Writ Petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 47