- 1 - HC-KAR NC: 2026:KHC:27153 WP No.10670 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.10670 OF 2021 (GM-R/C) BETWEEN: SRI K C MALLIKARJUNAIAH S/O LATE SRI CHIKKARUDRAPPA AGED ABOUT 67 YEARS, PRADHANA ARCHAKA SRI CHANNA BASAVESWARASWAMY TEMPLE, GUBBI, GUBBI TALUK TUMAKURU DISTRICT-572 216. …PETITIONER (BY SRI. KETHAN KUMAR.,ADVOCATE) AND: 1. THE COMMISSIONER FOR RELIGIOUS AND CHARITABLE ENDOWMENTS IN STATE OF KARNATAKA MALI MAHADESHWARA VARTHA BHAVAN TIPPU SULTAN PALACE ROAD CHAMARAJPET BENGALURU-560 018. 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT DC OFFICE COMPLEX TUMAKURU-572 101. 3. SRI G K RAJESH S/O SRI G C KUMAR AGED ABOUT 36 YEARS, R/O JAVALIPETE GUBBI TALUK TUMAKURU DISTRICT-572 117 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27153 WP No.10670 of 2021 …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 & R2; SRI. YASHWANTH NETAJI .,ADVOCATE FOR SRI. K.V. NARASIMHAN., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 22.04.2021 VIDE ANNEXURE-A PASSED BY R1 IN APPEAL NO.ADM-7 AP-22/1998-99 AND THE ORDER DATED 05.01.1999 VIDE ANNEXURE-B PASSED BY THE R2 AND ALL FURTHER PROCEEDINGS THERETO. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who claimed to have been appointed earlier as a Pradhana Archaka of Channa Basaveshwaraswamy Temple, Gubbi Taluk, Tumakuru District is before this Court being aggrieved by the order dated 22.04.2021 passed by the respondent No.1-Commissioner. In terms of which, while dismissing the appeal filed by the petitioner challenging his removal from the pradhana archakaship, the respondent No.1- Commissioner has proceeded to appoint respondent No.3-Sri. G. K. Rajesh, as the Pradhana Archaka in exercise of his power under Section 9(2) of the Karnataka Hindu Religious - 3 - HC-KAR NC: 2026:KHC:27153 WP No.10670 of 2021 Institutions and Charitable Endowments Act, 1997 (hereinafter referred to as 'the Act'). 2. Learned counsel for the petitioner submits that the impugned order has been passed without considering the case of the petitioner. Therefore, there is violation of principle of natural justice. 3. Learned AGA, on the other hand submits that no purpose would be served, even if an opportunity of being heard is provided to the petitioner, inasmuch as when the petition was filed, the petitioner was aged about 67 years. In terms of Rule 6 of the Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002, the age limit for appointment and retirement is determined, by virtue of which, the age of retirement of archaka is fixed at '65' years. He therefore submits that no purpose of considering the case of the petitioner would serve. 4. Learned counsel for respondent No.3 supplementing the submissions made by the learned AGA submits that the petitioner is now aged beyond 70 years. Therefore, he seeks for dismissal of the petition for having become infructuous. - 4 - HC-KAR NC: 2026:KHC:27153 WP No.10670 of 2021 5. Heard and perused the records. 6. It is necessary to note that this Court by Order dated 15.07.2021 had passed the following: ''ORDER. Heard the learned counsel for the petitioner. The petitioner is directed to make a representation seeking for payment of retirement benefits. Learned AGA would submit that if such application is made, the same will be considered sympathetically and disposed of expeditiously. The submissions are placed on record. Notwithstanding the pendency of the writ petition, liberty is granted to the petitioner to make representation to the second respondent seeking retirement benefits. In the event such representation is made, it is open for the second respondent to consider the same as expeditiously as possible, at any rate within an outer limit of three weeks from the date of receipt of the representation. It is hoped that the second respondent would consider the representation sympathetically. After this order has been dictated, learned counsel for the petitioner would submit that his submissions on the merits of the matter be considered. In that view of the matter, it is apparent that the petitioners desires hearing and consideration of the matter on merits. Learned AGA prays time to file statement of objections. List after three weeks.'' - 5 - HC-KAR NC: 2026:KHC:27153 WP No.10670 of 2021 7. It is only upon the insistence of the learned counsel for the petitioner to hear the matter on merits, matter was adjourned. 8. Learned counsel for the petitioner at this juncture submits that the petitioner if given liberty to make a representation and seek his service/retirement benefits, if any, as directed by this Court by order dated 15.07.2021, the purpose of the petition would be served. 9. This Court inclines to accept the said submission in the light of Rule 6 of the Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002 as noted herein above. 10. Even if the petitioner were to be given an opportunity of being heard on merits, no purpose would be served, as he has aged more than 70 years. 11. As already held by this Court by order dated 15.07.2021, the petitioner is at liberty to make a representation seeking for payment of retirement benefits and if such a representation is made within 30 days from the date of receipt of certified copy of this order before the respondent - 6 - HC-KAR NC: 2026:KHC:27153 WP No.10670 of 2021 No.1-Commissioner, the respondent No.1-Commissioner shall consider his representation in accordance with law and pass appropriate order within 60 days thereafter. 12. With the above observations, petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 22