- 1 - HC-KAR NC: 2026:KHC:19277 MFA No. 9055 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 9055 OF 2025 (R/C) BETWEEN: SRI D S VISHWANATH SHETTY S/O LATE. SHESHASHETTY, AGED ABOUT 63 YEARS, R/AT, NO 125, TYAGARAJA ROAD, BETTAMAKKI, SEEBINAKERE POST, THIRTHAHALLI POST, SHIVAMOGGA DISTRICT - 577 432.. (SENIOR CITIZEN NOT CLAIMED) …APPELLANT (BY SRI. SUNIL KUMAR B N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS COMMISSIONER, DEPT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, 2ND FLOOR, SRI. MALAIMAHADESHWARA VARTHABHAVANA, ALUR VENKATRAO ROAD, CHAMARAJPETE, BENGALURU - 560 018. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19277 MFA No. 9055 of 2025 2. DEPUTY COMMISSIONER AND PRESIDENT, ZILLA DARMIKA PARISHATH, D.C. OFFICE, SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 205. 3. THE ASSISTANT COMMISSIONER, ZILLA DARMIKA PARISHATH, D.C. OFFICE, SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 205. 4. THE TAHSILDAR, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 201. 5. THE SECRETARY, DEPT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, 2ND FLOOR, SRI. MALAIMAHADESHWARA VARTHABHAVANA, ALUR VENKATRAO ROAD, CHAMARAJPETE, BENGALURU - 560 018. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA.,AGA) THIS MFA IS FILED U/S 63-A OF KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT, 1997 PRAYING TO SET ASIDE THE ORDER DT. 30.10.2025 IN PROCEEDING BEARING NO. SMGDC.DVS3/46/2024- 25/543246 PASSED BY THE DEPUTY COMMISSIONER DISTRICT MAGISTRATE, SHIVAMOGGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:19277 MFA No. 9055 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT This Miscellaneous First appeal is filed under Section 63-A of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (‘the Act of 1997’ for short), calling in question the order dated 30.10.2025 passed by the Deputy Commissioner and District Magistrate, Shivamogga in proceedings bearing No.SMGDC.DVS3/46/2024- 25/543246, whereby the appellant was removed from the membership of Sri. Rameshwar Temple Administrative Committee. 2. Learned Additional Government Advocate appearing for the respondents has raised a preliminary objection that the appeal is not maintainable in view of Section 63-A(2) of the Act of 1997 before the Rajya Dharmika Parishat. 3. Section 63-A(2) of the Act of 1997 provides an alternative efficacious mechanism to the Rajya Dharmika Parishat against the order passed by the Zilla Dharmika - 4 - HC-KAR NC: 2026:KHC:19277 MFA No. 9055 of 2025 Parishat. Section 63-A(2) of the Act of 1997 reads as under: "63-A(2) : Any person aggrieved by the orders passed by the Zilla Dharmika Parishat under any of the provisions of this At may appeal to the Rajya Dharmika Parishat within a period of thirty days from the date of the order. The Rajya Dharmika Parishat shall after giving notice to all the concerned parties and on hearing both the parties pass order in accordance with law." 4. In light of the alternative efficacious remedy provided under Section 63-A(2) of the Act of 1997, the Miscellaneous First appeal is not maintainable and this Court pass the following: ORDER i) The Miscellaneous First appeal is disposed of. ii) The appellant is at liberty to avail the statutory remedy under Section 63-A(2) of - 5 - HC-KAR NC: 2026:KHC:19277 MFA No. 9055 of 2025 the Act, 1997 before the Rajya Dharmika Parishat in accordance with law. iii) The time spent in prosecuting the present appeal before this Court is made available to the appellant under Section 14 of the Limitations Act, 1963. iv) All the contentions of the parties are kept open. Pending I.A's, if any, does not survive for consideration. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 6