- 1 - HC-KAR CNR: KAHC010446142023 NC: 2026:KHC:37586 WP No. 19426 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 19426 OF 2023 (GM-R/C) BETWEEN: 1. SMT. BHAGYAMMA D/O SRI. GOPALAPPA @ GOPALAIAH AGED ABOUT 59 YEARS, R/AT BALIGANAHALLI, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT. …PETITIONER (BY SRI. RAJARAM T.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, HINDU RELIGIOUS CHARITABLE ENDOWMENT DEPARTMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001 2. ENDOWMENT COMMISSIONER HINDU RELIGIOUS CHARITABLE ENDOWMENT DEPARTMENT, CHAMARAJPET, 1ST MAIN ROAD, BANGALORE - 560 027. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010446142023 NC: 2026:KHC:37586 WP No. 19426 of 2023 3. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR - 563 101. 4. THE ASSISTANT COMMISSIONER KOLAR SUB- DIVISION, KOLAR - 563 101. 5. THE TAHSILDAR MALUR TALUK, MALUR - 563 130 KOLAR DISTRICT. 6. SRI. RAMAIAH S/O LATE KRISHNAMACHAR, AGED ABOUT 90 YEARS, ARCHAK, SRI VENUGOPALASWAMY TEMPLE, BALIGANAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK - 563 130 KOLAR DISTRICT. 7. SRI. B.R. GOPALAPPA S/O SRI. RAMAIAH, AGED ABOUT 52 YEARS, BALIGANAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK-563 130 KOLAR DISTRICT …RESPONDENTS (BY SRI.M SRINIVAS KUMAR., HCGP FOR R1 TO R5; SRI P A KULKARNI.,ADVOCATE/CR FOR R6 & R7) - 3 - HC-KAR CNR: KAHC010446142023 NC: 2026:KHC:37586 WP No. 19426 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE DEPUTY COMMISSIONER TO CONFER POOJA RIGHTS TO THE PETITIONER ALSO ON ROTATION BASIS ALONG WITH R-7 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 1. Petitioner claiming to be daughter of one Sri. Gopalappa @ Gopalaiah is before this Court being aggrieved by the order dated 24.07.2023 passed by respondent No.3 - Deputy Commissioner, who in exercise of his powers under the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 has appointed B. R. Gopalappa - respondent No.7 herein as the archaka of Sri Venugopalaswami Temple. 2. Learned counsel for the petitioner taking this Court through the record submits that respondent No.6 is the father of respondent No.7. Respondent No.6 and the - 4 - HC-KAR CNR: KAHC010446142023 NC: 2026:KHC:37586 WP No. 19426 of 2023 father of the petitioner herein are the brothers. The original propositor -the great grand father of the petitioner and respondent No. 7 was the archaka of the said temple. The pooja karyas are being conducted by the family and that a report in this regard had also been submitted by respondent No.5-Tahsildar as per Annexure- K. That respondent No.3-Deputy Commissioner, without considering the contentions of the petitioner and the documents furnished, has erroneously come to the conclusion that the petitioner has not furnished the records reflecting the name of her father conducting the pooja karyas of the temple. Hence seeks for allowing of the petition and granting the relief's as sought for. 3. In the alternate, he seeks for remanding the matter to respondent No.3 - Deputy Commissioner on the ground that, the father of the petitioner Sri. Gopalappa @ Gopalaiah had 5 daughters and he had no son. Daughters did not perform the pooja because of the customary practices. However, the petitioner is having a son, as such petitioner's son can continue the pooja karyas of the - 5 - HC-KAR CNR: KAHC010446142023 NC: 2026:KHC:37586 WP No. 19426 of 2023 temple. Therefore, he submits even if petitioner is relegated to file an appeal, no purpose will be served. That in the light of subsequent development, respondent No.3- Deputy Commissioner be directed to consider the claim of the petitioner as she has a son who is capable of performing the pooja karyas. 4. Learned HCGP submits the case of the petitioners will be re-considered in the light of the subsequent developments. 5. Submission is placed on record. 6. Accordingly, the following: ORDER (i) The writ petition is partly-allowed. (ii) Respondent No.3- Deputy Commissioner shall consider the applications dated 25.11.2022, 02.06.2023 and 20.07.2023 produced at Annexures A, C and F. (iii) Petitioner shall also be entitled to furnish additional documents. (iv) Respondent No.3- Deputy Commissioner shall consider the matter afresh and pass appropriate order. - 6 - HC-KAR CNR: KAHC010446142023 NC: 2026:KHC:37586 WP No. 19426 of 2023 (v) The order impugned in this petition shall be subject to the order to be passed by respondent No.3- Deputy Commissioner as directed herein above. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 3