Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 33018 (KAR)

SRI. VENKATESH v. THE STATE OF KARNATAKA

WP/24711/2026 · 2026-08-11

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010542272026 NC: 2026:KHC:42660 WP No. 24711 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24711 OF 2026 (GM-R/C) BETWEEN: SRI. VENKATESH, S/O A NARAYAN, AGED ABOUT 50 YEARS, R/AT GOKUL NIVAS, 4TH MAIN, 7TH CROSS, AMARAVATHI NAGAR, BANGARAPET, KOLAR, KOLAR - 563 114. …PETITIONER (BY SRI. DEVARAJ M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF SECRETARY OF GOVERNMENT, REVENUE DEPARTMENT, MUZRAI, VIKAS SOUDHA, BENGALURU - 560 001. BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KUMBARAHALLI, MULBAGAL ROAD, NH-75, KOLAR, KARNATAKA - 563 101. 3. THE COMMISSIONER, RELIGIOUS CHARITABLE ENDOWMENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010542272026 NC: 2026:KHC:42660 WP No. 24711 of 2026 CHAMRAJPET, BANGALORE, KARNATAKA - 560 018. …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NO.2 TO CONSIDER THE RESOLUTION PASSED BY THE STATE OF GOVERNMENT DATED 26/02/2005 IN 17/2005 AND ALSO DATED 25.06.2015 65/2015 VIDE ANNEXURE - A DIRECTION TO THE RESPONDENT NO.2 NOT TO TRANSFER THE PETITIONER DATED 30/07/2026 IN DVS (1) CR. 37/2025-26, E-698435 VIDES ANNEXURE - B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. 2. Petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR CNR: KAHC010542272026 NC: 2026:KHC:42660 WP No. 24711 of 2026 A. Issue a Writ of mandamus or any other or direction to the Respondent no. 2 to consider the resolution passed by the State Government dated:26/02/2005 in ಕಂಇ 17 ಮುೇ 2005 and also dated: 25/06/2015 in ಕಂಇ 65 ಮುೇ 2015 vides Annexure-'A'. And also direction to the Respondent no.2 not to transfer the petitioner dated: 30/07/2026 in DVS (1) CR: 37/2025-26, E-698435 vides Annexure-'B'. B. Issue any Writ or order or direction as this Hon'ble Court deems fit in the circumstances of the case, including an order as to cost of this Writ petition, in the interest of justice and equity. 3. The petitioner has been appointed as Peshkar (parupathedhar) of Sri Patheswaraswamy and Sri Bhairaveshwaraswamy temple, which is stated to be 'A' Category temple having a yearly budget of ₹1,25,92,198/-. There is no dispute as regard the said temples being 'A' Category temples. 4. The grievance of the petitioner is that the petitioner has been transferred from the said post vide Annexure-'B' by the Additional Deputy Commissioner, which is not permissible in terms of the circular which had been issued on Government Order dated 25.06.2015 as per Annexure-'A'. - 4 - HC-KAR CNR: KAHC010542272026 NC: 2026:KHC:42660 WP No. 24711 of 2026 5. The submission of learned counsel for the petitioner is that in terms of 'A' Category temples, it is only the respondent No.3 Commissioner of Religious Charitable Endowments, who could have transferred the petitioner. The Deputy Commissioner or the Additional Deputy Commissioner could excise jurisdiction only in respect of 'B' Category temples. 6. The said submission of learned counsel for the petitioner is borne out by the Government Order dated 25.06.2015. Hence, this Court passes the following: ORDER (i) Writ petition is allowed. (ii) A certiorari is issued, the Resolution dated 30.07.2026 at Annexure-'B', insofar as the petitioner is concerned, is quashed. - 5 - HC-KAR CNR: KAHC010542272026 NC: 2026:KHC:42660 WP No. 24711 of 2026 (iii) Liberty is reserved to respondent No.3 to act in terms of the Government Order dated 25.06.2015, if so, deemed fit. Sd/- (SURAJ GOVINDARAJ) JUDGE PSJ List No.: 1 Sl No.: 21