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2026 DAILYLAW 43684 (KAR)

SRI H DHANANJAYA SHETTY v. THE STATE OF KARNATAKA

WP/30129/2026 · 2026-09-28

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010660482026 NC: 2026:KHC:53584 WP No. 30129 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30129 OF 2026 (GM-R/C) BETWEEN: 1. SRI H DHANANJAYA SHETTY S/O LATE BALAKRISHNA SHETTY, AGED ABOUT 78 YEARS, R/AT HEGGUNJE CHAVADI MANE, MANDARTHI POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576223. 2. SRI. H. PRABHAKARA SHETTY, S/O LATE ANANTHA SHEETY, AGED ABOUT 67 YEARS, R/AT HEGGUNJE KODLIJEDU, HEGGUNJE HOSA MANE, MANDARTHI POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576223 …PETITIONERS (BY SRI. JAYKUMAR S PATIL., SENIOR COUNSEL A/W SRI. VARUN JAYKUMAR PATIL, ADVOCATE ) AND: 1. THE STATE OF KARNATAKA RELIGIOUS AND CHARITABLE ENDOWMENT, DEPARTMENT, BENGALURU-560001 - 2 - HC-KAR CNR: KAHC010660482026 NC: 2026:KHC:53584 WP No. 30129 of 2026 REP. BY ITS SECRETARY AND COMMISSIONER 2. SREE DURGA PARAMESHWARI TEMPLE, MANDARTHI TALUK, UDUPI DISTRICT-576223, REP. BY ITS EXECUTIVE OFFICER. 3. HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENT DEPARTMENT, SHRI MINTO ANJANEYA BHAVAN, ALUR VENKATARAO ROAD CHAMARAJPETE, BENGALURU-560018. REP. BY ITS COMMISSIONER. 4. THE DEPUTY COMMISSIONER, A BLOCK, RAJATADRI, MANIPAL, UDUPI DISTRICT, UDUPI-576104. …RESPONDENTS (BY SRI. I. THARANATH POOJARY, AAG A/W SRI. HARISHA A S, AGA FOR R1, R3 & R4 SRI HARISCHANDRA MOUVAR.,ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE ORDER DATED 28- 08-2026 BEARING NO.HRICE-ADM0ADM8/134/2024, E- 1397798 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010660482026 NC: 2026:KHC:53584 WP No. 30129 of 2026 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed seeking for the following reliefs: a. Issue a writ in the nature of certiorari, quashing the order dated 28-08-2026 bearing No.HRICE- ADM0ADM8/134/2024, E-1397798 passed by Respondent No.3 vide Annexure-C, b. Issue a writ of certiorari quashing the order dated 04/09/2026 issued by Respondent No.4 Respondent NO.2 temple bearing no. DC UDP-19011(TRS)/62/2025 E- 241382 vide Annexure-D c. Issue any other writ, order or direction which this Hon'ble Court may deem necessary in the circumstances of the case, in the interest of justice and equity." 2. The petitioners are aggrieved by the communications dated 28.08.2026 and 04.09.2026 (Annexures-C and D to the writ petition) inasmuch as, it has been ordered that the petitioners be referred as 'Temporary Trustees' in the invitations that have been issued with respect to the activities of the institution in question. 3. In this context, it is pertinent to note that this Court, vide order dated 01.03.2019 passed in MFA No.4871/2018, while considering an appeal filed under Section Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010660482026 NC: 2026:KHC:53584 WP No. 30129 of 2026 63(A) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 19971, whereunder the order dated 26.03.2018 passed by the Rajya Dharmika Parishath2, Bengaluru, was assailed, while remanding the matter to the Parishath, inter alia, ordered that appellant Nos.5 and 6 as well as respondent Nos.3, 4 and 5 in the said appeal shall function as Temporary Trustees assisting the Executing Officer, who was appointed for the management of the institution in question. The relevant portion of the said order reads as under: "iv. The appellants No.5 and 6 and respondents No.3, 4 and 5 shall function as Temporary Trustees assisting the Executing Officer appointed for the management of the Sri Mandarthi Durgaparmeshwari Temple for a tenure that shall be co-extensive with the pendency of the proceedings before the Rajya Dharmika Parishat without any of them claiming any right howsoever for having functioned as Temporary Trustees; and if an application is made by respondents No. 6, 7 and 8 for their incorporation into such temporary trusteeship. v. No costs." 4. The said order was made consequent to an interim arrangement pursuant to the order dated 09.10.2018 passed in the said appeal. 1 Hereinafter referred to as the 'Act' 2 Hereinafter referred to as 'Partishat' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010660482026 NC: 2026:KHC:53584 WP No. 30129 of 2026 5. The relevant portion of the impugned communication dated 28.08.2026 (Annexure-C to the writ petition) reads as under: "DzÀÝjAzÀ, GqÀĦ f¯Éè, ªÀÄAzÁwð ²æÃ zÀÄUÁð¥ÀgÀªÉÄñÀéj zÉêÁ®AiÀÄzÀ vÁvÁ̰PÀ læ¹ÖUÀ¼ÀÄ PÁAiÀÄð¤ªÁðºÀPÀ C¢üPÁjAiÀĪÀgÀÄ §AiÀĹzÀݰè CªÀjUÉ £ÉgÀªÀÅ ¤ÃqÀ®Ä ªÀiÁvÀæ CªÀPÁ±À«zÀÄÝ, DqÀ½vÁvÀäPÀ ªÀÄvÀÄÛ DyðPÀ ªÀåªÀºÁgÀUÀ¼À°è AiÀiÁªÀÅzÉà wêÀiÁð£ÀUÀ¼ÀÄ/ £ÀqÀªÀ½PÉUÀ¼ÀÄ ªÀiÁqÀ®Ä C¢üPÁ«gÀĪÀÅ¢®èªÉAzÀÄ ¸ÀàµÀÖ¥Àr¸À¯ÁVzÉ. zÉêÁ®AiÀÄzÀ PÁAiÀÄðPÀæªÀÄUÀ¼À°è/ DºÁé£À ¥ÀwæPÉUÀ¼À°è C£ÀĪÀA²PÀ ªÉÆPÉÛøÀgÀgÀÄ JAzÀÄ £ÀªÀÄÆ¢¸ÀzÉà ºÀAUÁ«Ä ªÉÆPÉÛøÀgÀgÀÄ JAzÀÄ ªÀiÁvÀæ £ÀªÀÄÆ¢¸À®Ä PÀæªÀÄ ªÀ»¸À®Ä PÉÆÃjzÉ." (emphasis supplied) 6. It is clear that the concerned authorities have merely directed that in the invitations and other material that is sought to be printed, it be specifically mentioned that the Trustees in question are 'Temporary Trustees'. 7. It is further submitted by the learned Senior Counsel for the petitioner and the learned Additional Advocate General appearing for the official respondents that the main matter is pending before the Parishath pursuant to the remand made by this Court vide the order dated 01.03.2019 passed in MFA No.4871/2018 . Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 6 - HC-KAR CNR: KAHC010660482026 NC: 2026:KHC:53584 WP No. 30129 of 2026 8. Having regard to the factual matrix as noticed above, this Court deems it expedient not to interfere with the impugned communications that are sought to be assailed by the petitioners in the present writ petition. 9. Accordingly, the present writ petition is dismissed as being devoid of merit. 10. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 52 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA