- 1 - HC-KAR CNR: KAHC010605452026 NC: 2026:KHC:47284 WP No. 27186 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27186 OF 2026 (GM-R/C) BETWEEN: SRI SHANMUKHA MAHAVISHNU SEVA TRUST KEMMINGE, DARBE POST, PUTTUR TALUK, DAKSHINA KANNADA REP. BY ITS TREASURER SRI. KRISHNA PRASAD KEDILAYA S/O LATE VASUDEVA KEDILAYA AGED ABOUT 53 YEARS R/AT SHIBARA. NARIMOGURU VILLAGE MUNDOOR POST, PUTTUR DAKSHINA KANNADA - 574 202 …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. ADDITIONAL DEPUTY COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, MANGALORE, DAKSHINA KANNADA - 575 001. 2. ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010605452026 NC: 2026:KHC:47284 WP No. 27186 of 2026 MANGALORE, DAKSHINA KANNADA - 575 001. 3. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, MANGALORE, DAKSHINA KANNADA - 575 018. 4. KESHAVA PUJARI BEDRALA PRESIDENT, MANAGING COMMITTEE, SRI SHANMUKHA SUBRAMANYA TEMPLE, KEMMINGE, DARBE POST, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT - 574 202. 5. DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT MANGALORE DAKSHINA KANNADA - 575 001 …RESPONDENTS (BY SRI. PANINI A.H., AGA FOR STATE GA SD) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.05.2026 IN NO.MS-NO. DVS/MS/C/CR/73/2026-1231198/F3 PASSED BY THE R1 AS PER ANNX-A AND ORDER DATED 06.04.2026 IN NUMBER ADM. CR.39/19/20 PASSED BY THE R2 AS PER ANNX-B AND ALL FURTHER PROCEEDINGS PURSUANT TO THE IMPUGNED ORDERS AS PER ANNX-A AND B 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 - 3 - HC-KAR CNR: KAHC010605452026 NC: 2026:KHC:47284 WP No. 27186 of 2026 1. Learned Additional Government Advocate accpets notice for respondent nos.1 to 5. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue writ of certiorari to quash the impugned order dated 06.05.2026 in No. MS-No. DVS: MS. C: CR: 73/2026/1231198/F3 passed by the 1st respondent as per ANNEXURE-A, and order dated 06.04.2026 in number ADM: CR. 39/19/20 passed by the 2nd respondent as per ANNEXURE-B, and all further proceedings pursuant to the impugned orders as per ANNEXURE-A & B in the interest of justice and equity. ii. Declare that any order passed by respondents other then prescribed authority contemplated under Section 69(B) of Hindu Religious Institutions and Charitable Endowments Act, 1997 is without jurisdiction and not binding on petitioner trust and consequently quash the order dated: 29.08.2019 in No. DVS. C. CR: 110/2019/67156/F3 passed by 5th respondent as per ANNEXURE-S in the interest of justice and equity. 3. The contention of learned counsel for the petitioner is that the petitioner being a Category 'C' temple. It is the Assistant Commissioner who would have jurisdiction in terms of Sub-Rule 2 and Rule 3 of the Karnataka Hindu Religious Institutions and Charitable Endowment Rules 2002. 4. In the present matter, the impugned order at Annexure-A has been passed by the Deputy Commissioner, who would not have jurisdiction over - 4 - HC-KAR CNR: KAHC010605452026 NC: 2026:KHC:47284 WP No. 27186 of 2026 a Category 'C' temple. This aspect has been dealt with by this Court in its order dated 02.05.2025 in W.P.No.9418/2025. 5. In that view of the matter, this court passes following: ORDER i. Writ petition is allowed. ii. A certiorari is issued, the impugned order dated 06.05.206 at Annexure-A is set aside. iii. Liberty is, however, reserved to the jurisdictional Assistant Commissioner to issue necessary notice to the petitioner, which the petitioner would be entitled to reply. iv. All contentions are left open to be decided by the Assistant Commissioner on a reply issued by the petitioner In view of the disposal of the main petition, I.A.No.1/2026 does not survive for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM/List No.: 1 Sl No.: 19