- 1 - HC-KAR NC: 2026:KHC:31780 WP No. 2816 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2816 OF 2026 (GM-R/C) BETWEEN: SRI. H.S. MANJESH S/O LATE SRI. SIDDARAJU AGED ABOUT 36 YEARS HALEURU VILLAGE HULIYURUDURGA HOBALI KUNIGAL TALUK TUMKUR DISTRICT-572 218 …PETITIONER (BY SRI. SIRI RAJASHEKAR, ADVOCATE) AND: 1. THE COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS IN STATE OF KARNATAKA MALAI MAHADESHWARA VARTHA BHAVAN TIPPU SULTAN PALACE ROAD CHAMARAJPET BANGALORE-560 018 2. DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU-572 218 3. TAHSIDAR KUNIGAL, KUNIGAL TALUK TUMAKURU-572 130 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31780 WP No. 2816 of 2026 4. THE EXECUTIVE OFFICER SRI. HULIYURAMMA TEMPLE HULIYUR, KUNIGAL TALUK TUMKUR-572 218 5. SRI. VISHWANATH H S S/O LATE NAGARAJU AGED ABOUT 41 YEARS R/AT HALEVURU VILLAGE HULIYURU DURGA HOBLI KUNIGAL TALUK TUMKUR-572 130 6. SRI. CHANDAN H.N S/O LATE NAGARAJU AGED ABOUT 36 YEARS R/AT HALEVURU VILLAGE HULIYURU DURGA HOBLI KUNIGAL TALUK TUMKUR-572 130 …RESPONDENTS (BY SRI. C.H. DEVARAJ, AGA FOR R1 TO R4; SRI. VISHNU PRANEETH P FOR SRI. PRASHANTH CHANDRA S.N, ADVOCATE FOR R5; R6 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER VIDE NO.TMKDC/DVS/3/48/2024 (COMPUTER NO.398013), DATED. 26.11.2025 VIDE ANNEXURE-A, PASSED BY THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, IN SO FAR AS IT GRANTS PUJA RIGHTS TO RESPONDENT NOS.4 AND 5 AND DECLARE THAT THE PROCEEDINGS CONDUCTED BY THE DEPUTY COMMISSIONER UNDER SECTION 25B OF THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT, 1997, WITHOUT IMPLEADING AND HEARING THE PETITIONER, ARE VOID AND VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE AT ANNEXURE-A, ORDER VIDE NO.TMKDC/DVS/3/48/2024 (COMPUTER NO.398013), DATED. 26.11.2025 AND ETC. - 3 - HC-KAR NC: 2026:KHC:31780 WP No. 2816 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER Petitioner is before this Court seeking for the following reliefs: "(a) ISSUE A WRIT OF CERTIORARI appropriate writ, order or direction, quashing the order Vide No.TMKDC/DVS/3/48/2024 (COMPUTER NO.398013), dated. 26.11.2025 vide Annexure-A, passed by the Deputy Commissioner, Tumakuru District, in so far as it grants puja rights to Respondent Nos. 4 and 5; (b) Declare that the proceedings conducted by the Deputy Commissioner under Section 25B of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, without impleading and hearing the Petitioner, are void and violative of principles of natural justice; at Annexure-A, order Vide No.TMKDC/DVS/3/48/2024 (COMPUTER NO.398013), dated. 26.11.2025. (c) Direct the Deputy Commissioner to conduct a fresh inquiry, after impleading the Petitioner and other necessary parties and after affording reasonable opportunity of hearing to all concerned; and (d) Grant such other order or relief as this Hon'ble Court deems fit in the interest of justice and equity." - 4 - HC-KAR NC: 2026:KHC:31780 WP No. 2816 of 2026 2. The grievance of the petitioner is that the petitioner's father had earlier been recognized as Archak and the petitioner also succeeding to his rights, who was not made as a party to the impugned order dated 26.11.2025 at Annexure-A. 3. Though the entitlement as such is not disputed by learned Counsel for respondent No.5, his submission is that there is an appellate remedy which is available to the petitioner. 4. I am unable to accept the submission of learned Counsel for respondent No.5 inasmuch as the principles of natural justice have been violated, the alternative remedy would not be efficacious in law as well. The petitioner and any other affected party has to be heard and the order passed by respondent No.2. The same not has been done would require the order to be set aside. 5. In that view of the matter, this Court passes the following: - 5 - HC-KAR NC: 2026:KHC:31780 WP No. 2816 of 2026 ORDER. (i) Writ petition is allowed. (ii) A certiorari is issued to the order dated 26.11.2025 passed by the Deputy Commissioner, Tumakur District, at Annexure-A, is set aside. (iii) The matter is remitted to respondent No.2 for fresh consideration. (iv) Respondent No.2 is directed to offer necessary opportunity to the petitioner as also any other claimant in terms of any earlier orders passed and thereafter, pass necessary orders in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE DL List No.: 1 Sl No.: 43