- 1 - HC-KAR NC: 2026:KHC:35346 WP No. 14125 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.14125 OF 2021 (GM-R/C) BETWEEN: SRI BALAKRISHNANANDA SAMSTHANAM MATH GAJARANYA KSHETHRA TALAKADU, T. NARASIPURA TALUK MYSURU DISTRICT-571 125 BY ITS ADMINISTRATIVE COMMITTEE PRESIDENT SRI U. V. SRINIVASA MURTHY …PETITIONER (BY SRI S. S. NAGANAND, SR. COUNSEL FOR SMT. SUMANA NAGANAND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M. S. BUILDING BENGALURU-560 001 3. THE UNDER SECRETARY REVENUE DEPARTMENT (RELIGIOUS ENDOWMENT DEPARTMENT) M. S. BUILDING BENGALURU-560 001 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35346 WP No. 14125 of 2021 4. THE ASSISTANT COMMISSIONER MYSURU SUB DIVISION MYSURU …RESPONDENTS (BY SRI MAHANTESH SHETTAR, A.G.A., FOR R-1 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE IMPUGNED NOTIFICATION DATED 12.07.2021 (ANNEXURE-D) BEARING NO.KAMEE 104 MUDAPRA 2016 ISSUED BY THE RESPONDENT NO.3 AND QUASH THE NOTIFICATION DATED 12.07.2021 (ANNEXURE-D) BEARING NO.KAMEE 104 MUDAPRA 2016 ISSUED BY THE RESPONDENT NO.3 APPOINTING THE RESPONDENT NO.4 AS ADMINISTRATOR OF THE PETITIONER MATH AND GRANT COST OF THESE PROCEEDINGS. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Petitioner claiming to be a religious mutt, not falling within the list of notified Institutions enumerated by the Muzrai Department of Government of Karnataka, is before this Court being aggrieved by memorandum/notification dated 12.07.2021 issued by respondent No.3 as per Annexure-D. 2. By the said memorandum/notification, respondent No.3 in purported exercise of his Powers under Article 162 and 31A of the Constitution of India, has sought to take over - 3 - HC-KAR NC: 2026:KHC:35346 WP No. 14125 of 2021 the management of the petitioner-Mutt by appointing an administrator thereof. 3. Sri. S.S. Nagananda, learned Senior Counsel appearing for the petitioner refers to the order dated 25.02.2019 passed by the Co-ordinate Bench of this Court in W.P.No.36402/2016, which was earlier filed by the petitioner herein challenging the notification dated 18.06.2016, that had been issued by the Assistant Commissioner of Mysore Sub-Division, Mysore, being appointed as an administrator. Wherein, this Court while disposing the said writ petition directed the Competent Authority to issue notice to the petitioner as well as respondent No.5 therein and to conduct enquiry and to pass appropriate order in accordance with law. 4. That the impugned memorandum/notification dated 12.07.2021 in the present writ petition is the consequence of such direction. 5. He further refers to Annexure-A to the writ petition, which is an endorsement dated 29.04.2016 issued by the Commissioner, Department of Religious Endowment, - 4 - HC-KAR NC: 2026:KHC:35346 WP No. 14125 of 2021 Bengaluru stating that the petitioner-Mutt is not enlisted in the list of notified religious institutions coming within the Talakadu Village, T. Narasipura Taluk, Mysore District. 6. Thus referring to two aforesaid factual aspect of the matter, learned Senior counsel submits that the impugned order is unsustainable, firstly for non-compliance with the specific direction issued by this Court vide order dated 25.02.2019. Secondly, in the light of the endorsement being issued by the respondent-Commissioner regarding petitioner-Mutt not being a notified institution, he could not have exercised any right even otherwise. Hence, seeks for allowing of the petition. 7. Learned AGA, on the other hand fairly submits, since the respondent-Authority have issued an endorsement dated 29.04.2016, stating the petitioner-Mutt not having been notified or enlisted in the notified institution, the respondent-Authority could not have invoked any power, much less one under Article 162 and 31A of the Constitution of India. He however submits that before passing the impugned endorsement/notification three - 5 - HC-KAR NC: 2026:KHC:35346 WP No. 14125 of 2021 notices were issued and it was found that there was none in the petitioner-Mutt, as such impugned memorandum/notification dated 12.07.2021 as per Annexure-D came to be issued. 8. Without delving much into the controversy, in the light of the endorsement dated 29.04.2016 issued at Annexure-A, by none other than the respondent-Commissioner of the Religious Endowment, clarifying that the petitioner-Mutt has not been listed in the notified institutions coming within the area notified, the impugned memorandum/notification dated 12.07.2021 purporting to taken over management cannot be sustained. Therefore, impugned memorandum/notification dated 12.07.2021 issued by respondent No.3, as per Annexure-D, is hereby quashed. 9. Petition is disposed of accordingly. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 22