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2026 DAILYLAW 14050 (KAR)

CHANDRU v. ADDITIONAL DEPUTY COMMISSIONER

WP/54157/2017 · 2026-02-11

M G S Kamal

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8256 WP No. 54157 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 54157 OF 2017 (GM-R/C) BETWEEN: 1. CHANDRU S/O MARIYAYYA AGED ABOUT 51 YEARS PRESIDENT AHALYA DEVI MARAMMA TEMPLE ARUTHI UKKADDA SRIRANGAPATNA TQ. 2. MAHESH S/O NEELAKANTIAHA AGED ABOUT 40 YEARS, ARUTHI UKKADA SRIRANGAPATNA TQ. …PETITIONERS (BY SRI. DEVI PRASAD SHETTY.,ADVOCATE) AND: 1. ADDITIONAL DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 450. 2. THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT CHAMARAJPET BANGALORE - 560 004. 3. THE TAHSILDAR SRIRANGAPATNA TQ SRIRANGAPATNA - 571 438. …RESPONDENTS (BY SMT. B.P. RAHDA, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER ANNEX-L DATED 21.09.2015 PASSED BY THE R-2. DIRECT THE R-1 AND 2 NOT Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8256 WP No. 54157 of 2017 TO INTERFERE IN THE PERFORMANCE OF THE POOJAS BY THE PETITIONERS AND OTHER ARCHAKAS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court seeking following reliefs: (a) Issue writ of certiorari quashing order Annexure-L in No. MDM4/CR73/2014-15 dated 21/09/2015 passed by the respondent no 2. (b) Issue a writ in the nature of mandamus directing the respondent No.1 and 2 not to interfere in the performance of the poojos by the petitioners and other Arckas. (c) Issue such other writ order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity. 2. Learned counsel for the petitioners submits that the temple by name Ahalya Devi Temple situated at Arthiukkadda Village, Srirangapatna Taluk, was a private temple. However, the same has been notified by the respondent-State as a notified Institution. That a Public Interest Litigation has been filed by certain Eshwara H.H, before this Court in W.P.No.11018/2013, arraying the petitioner herein as respondent No.5. That the Division Bench of this Court by Order dated 01.04.2013 disposed of the said petition, reserving liberty to the petitioner and respondent No.5 to prefer an - 3 - HC-KAR NC: 2026:KHC:8256 WP No. 54157 of 2017 appeal under Section 20-A of the Karnataka Hindu Religious Institutions and Charitable Endowment Act, 1997 (hereinafter referred to as 'the Act, 1997'). He submits that in furtherance thereof the petitioner has indeed preferred an appeal in Appeal No.97/2013 and the same is still pending consideration. He submits that even during the pendency of the appeal, the respondent No.2 have issued am Official Memorandum as per Annexure-L dated 21.09.2015, fixing the price list for performance of various poojas causing interference with the exercise of right by the petitioners. Hence, the petition. 3. On a query by this Court, whether the petitioners have challenged the notification, notifying the institution under the Act, 1997. Learned counsel answers the same in the negative. However, he submitted that the appeal is still pending consideration wherein the notification issue is also raised. 4. This petition is pending since 2017. Equally, the appeal filed under Section 20-A(d) of the Act, 1997 is also pending before the authorities. It is not that respondent-authorities are bereft of any power to pass orders including the one being - 4 - HC-KAR NC: 2026:KHC:8256 WP No. 54157 of 2017 sought in this petition in the nature of mandamus directing them not to interfere in the matter. 5. Relegating the petitioner to avail such remedy as may permissible before the respondent No.2- Commissioner before whom the appeal is pending. Petition is disposed of. 6. Respondent No.2-Commissioner shall dispose of the appeal within an outer limit of 90 days from the date of receipt of certified copy of this order. 7. It is made clear that no opinion is expressed with regard to merits or otherwise of this case. 8. Parties shall render necessary co-operation without seeking unnecessary adjournments in the matter. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 18