- 1 - HC-KAR NC: 2026:KHC:27709 WP No. 6406 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 6406 OF 2021 (GM-R/C) BETWEEN: SRI. D.V. VENKATAGIRI S/O SRI VENKATA RAO AGE ABOUT 67 YEARS ARCHAK SRI KANNESWARA AND SRI BANASHANKARI TEMPLE KANNURU, ANANDAPURA HOBLI, SAGAR TALUK, SHIMOGGA DISTRICT - 577 412. …PETITIONER (BY SRI. G.K.BHAVANA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560 001 REP BY CHIEF SECRETARY. 2. THE COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ALUR VENKATA RAO ROAD CHAMARAJAPET BENGALURU - 560 018. 3. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27709 WP No. 6406 of 2021 SHIMOGA - 577 201. 4. THE REGIONAL COMMISIONER BANGALORE DIVISON 2ND FLOOR, BMTC BUILDING SHANTHINAGAR, K H ROAD BENGALURU - 560 027. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 08.12.2020 PASSED BY THE R-4 VIDE ANNX-P TO THIS PETITION; QUASH THE GOVERNMENT ORDER DATED 12.04.2017 FIXING THE TASDIK ALLOWANCE AT RS.48,000/- VIDE ANNX-Q TO THIS PETITION IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner who is erstwhile Archaka of Sri. Kanneswara and Sri. Banashankari Temple, Kannuru, Anandapura, Hobli, Sagar Taluk, Shimoga District, is before this Court being aggrieved by non-determination of tasdik allowance payable to the aforesaid temple. - 3 - HC-KAR NC: 2026:KHC:27709 WP No. 6406 of 2021 2. Learned counsel for the petitioner taking this Court through the record submits that at the instance and constant perseverance of the petitioner for over 3 decades in determination of a tasdik allowance payable to the temple, the then Divisional Commissioner, Bangalore Division, Bangalore, vide Order dated 18.01.2003 as per Annexure-D had determined the tasdik allowance payable to the aforesaid institution at Rs.62,420/- per annum. This was based on the statistics and the crops that were yielded from the land attached to the temple based on the APMC rates prevailing at the relevant point in time. That non-payment of the said amount had constrained the petitioner to approach this Court for necessary direction by filing writ petition in W.P.No.16220/2004 which came to be allowed by order dated 15.09.2004 directing the Divisional Commissioner, Bangalore to pay the said amount within 6 months thereof. 3. Aggrieved by the same, respondent No.1-State had preferred a writ appeal in W.A.No.1748/2005 which was dismissed as against which respondent No.1-State had preferred Special leave Petition which also came to be - 4 - HC-KAR NC: 2026:KHC:27709 WP No. 6406 of 2021 dismissed vide order dated 13.01.2006. Thus, the determination of tasdik allowance of Rs.62,420/- had attained finality. However, respondent No.1-State had preferred writ petition in WP No. 14723/2005 seeking to set aside the said order dated 18.01.2003 and this Court accepting the contention of the respondent No.1-State had quashed the said Order dated 18.01.2003 and had remanded the matter before competent authority to consider the application of the petitioner herein under Section 21A of the Karnataka (Religious and Charitable) Inams Abolition Act, 1955 (for short 'Act') and to dispose of the same. 4. Pursuant to which, matter was reconsidered by the respondent No.4-authority and an order dated 08.12.2020 as per Annexure-P came to be passed holding that since the petitioner herein had not furnished the documents to justify the income that was purportedly derived from the crops as per the then prevailing rates of the APMC. Having said that in the light of the Government Order dated 12.04.2017, the respondent- authority fixed the minimum tasdik amount at Rs.48,000/- as against Rs.10,551/- which was fixed earlier. The said amount of - 5 - HC-KAR NC: 2026:KHC:27709 WP No. 6406 of 2021 Rs.48,000/- has been paid regularly. Petitioner not being satisfied with payment of this minimum sum of Rs.48,000/- towards tasdik amount, is before this Court questioning the very determination of the said amount. 5. Learned counsel for the petitioner reiterating the aforesaid facts, relied upon the judgment of the Co-ordinate Bench of this Court in the case of N. V. VENKATESHACHAR AND ANOTHER VS. STATE OF KARNATAKA AND OTHERS reported in ILR 2007 KAR 2034 and referring to the manner, mode and method of determination of the tasdik amount dealt with in the said case, submits that the respondent-authorities have not adhered to the mandatory requirement of Section 17 of the Mysore (Religious and Charitable) Inam Abolition Act, 1955 in determining the tasdik amount. She submits that the order dated 18.01.2003 which was passed by the then Divisional Commissioner fixing the tasdik amount at Rs.62,420/- ought not to have been tampered with in the absence of any justifiable document. That the fixation of Rs.48,000/- by virtue of a Government Order is not traceable to the provisions of Section 17 of the Mysore (Religious and - 6 - HC-KAR NC: 2026:KHC:27709 WP No. 6406 of 2021 Charitable) Inam Abolition Act, 1955. Therefore, the order is unsustainable. 6. Per contra, learned AGA appearing for the respondents submits that the tasdik allowance of Rs.48,000/- is being paid in terms of the Government Order dated 12.04.2017 in respect of those temples/institutions which are unable to produce and prove their annual income. He further submits, even this amount of Rs.48,000/- has been revised and enhanced. Currently a sum of Rs.72,000/- is being paid. Hence he submits there is no justification in the allegation of the petitioner as made in the petition, seeks for dismissal of the petition. 7. Heard. Perused the records. 8. Though by Order dated 18.01.2003, the then Divisional Commissioner had fixed the tasdik allowance at Rs.62,420/-, the said order was set aside by the Co-ordinate Bench of this Court vide Order dated 15.12.2006 passed in W.P.No.14723/2005 at the instance of the respondent-State, whereby the matter was remitted back to the competent authority to re-determine the tasdik allowance. Upon such - 7 - HC-KAR NC: 2026:KHC:27709 WP No. 6406 of 2021 remand, matter was taken up in Case No.DVS/RP/12(1)2012- 13 before the respondent No.4-authority, who after affording sufficient opportunity and perusing the records produced by the petitioner herein has opined that the petitioner though claimed tasdik allowance to be paid at Rs.1,22,166/- had however had not produced the document justifying the said claim. 9. Paragraph 3 of the Order dated 08.12.2020 reads as under; "3) ಆದೆ, ಾಯ ೇರುವಂೆ ಸದ ಇಾಂ ಜೕನುಗಳ ಸಾರೆ !ತ#ೊಳ%ವ ಮುನ' ಐದು ವಷಗಳ ಇಾಂ*ಾ+/,ಾಕ ಸಂ.ೆ/#ೆ ಬಂದಂತಹ !ಂ2ನ ಐದು ವಷಗಳ ಸಾಸ ಆ*ಾಯವನು' ಗಣೆ#ೆ ೆ#ೆದುೊಳ%4ೇಾ5*ೆ ಎಂದು ೇಳ7ಾ5ದು, ಅದರಂೆ ಈ ಪ;ಕರಣದ ಎ.<.ಎಂ.=. ಮತು> ಕೃ@ ದರಗಳನು' ಪಗA=ದ ಸದ BೌಲEಗಳ ಪFಣ G=>ೕಣೆ #ೇA BಾHದಂತಹ ವEI>ಗ#ೆ ಬರುವಂತಹ ಆ*ಾಯJಾ5ದು, ೊರತು *ೇJಾಲಯೆ ೇರJಾ5 ಬಂದಂತಹ ಆ*ಾಯJೆಂದು ಪಗAಸಲು ಬರುವK2ಲ. ಾಗೂ *ೇJಾಲಯೆ ಎ.<.ಎಂ.=. ದರಗಳ ಪ;ಾರ ಧಸ7ಾದ BೌಲEದಂೆ ಆ*ಾಯ ಬರುM>ತು> ಎಂಬುದನು' ಪK@Nಕಸಲು ಅO*ಾರರು ಸಹ PಾವK*ೇ ಪFರಕ *ಾಖ7ೆಗಳನು' ಈ Rಾ;Sಾರೆ ಾಜರುಪH=ರುವK2ಲ. ಆದಂದ ಅO*ಾರರ Jಾದವನು' ಒಪUಲು ಬರುವK2ಲ. ಾಗೂ BಾನE ಉಚX ಾEPಾಲಯದ ಆ*ೇಶದಂೆ ಈ Rಾ;SಾರವK ಅಂMಮ ಣಯ ೆ#ೆದುೊಳ%ವವೆ#ೆ Bಾತ; ಾEPಾಲಯದ ಆ*ೇಶದಂೆ ಸದ ,ಾಕ ಸಂ.ೆ/#ೆ ತ¹ÜÃZ [ತ>ವನು' RಾವM Bಾಡ4ೇಾ5*ೆ ಎಂದು ಸೂ]ಸ7ಾ5ರುವKದಂದ ಸದ ಪ;ಕರಣವK ಈ Rಾ;Sಾರದ ಅಂMಮ ಣಯೆ ಒಳಪ^Nರುತ>*ೆ". 10. Perusal of the aforesaid paragraph indicate that the petitioner had not furnished the documents in justification of - 8 - HC-KAR NC: 2026:KHC:27709 WP No. 6406 of 2021 income being derived by the temple at Rs.1,22,166/- from the crop, prices of which were sought to be determined based on the then prevailing market value. Having found absence of any cogent evidence to accept the claim of the petitioner for payment of tasdik amount of Rs.1,22,166/-, the respondent No.4-authority relied upon the Government Order dated 12.04.2017 to fix the minimum tasdik allowance of Rs.48,000/- in respect of the temples which did not or could not prove their annual income. Even in the present writ petition, though challenge is mounted to the said order, petitioner has not furnished the documents justifying the claim of institution earning Rs.1,22,166/-. Therefore, no error or irregularity can be found with the order passed by the respondent No.4- authority. 11. In the light of submission made by learned AGA regarding the temple currently being paid Rs.72,000/- as tasdik allowance and the same not being denied by the petitioner, this Court do not find any irregularity or illegality in the order passed by the respondent No.4-authority. In that view of the - 9 - HC-KAR NC: 2026:KHC:27709 WP No. 6406 of 2021 matter, no grounds are made out warranting interference at the hands of this Court. Petition lacks merit, accordingly the same is dismissed. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 30