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2026 DAILYLAW 487 (KAR)

PRASANNA H v. SECRETARY

WP/20665/2025 · 2026-02-24

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11520 WP No. 20665 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20665 OF 2025 (S-RES) BETWEEN: 1. PRASANNA H AGED ABOUT 59 YEARS C/O RAMAKRISHNA SATHYAPRIYA, NOOCHILA SUBRAHMANYA, KADABA TALUK DAKSHINA KANNADA - 574238. 2. D. HALKURE GOWDA AGED ABOUT 59 YEARS S/O. LATE HALKURE GOWDA #228/A, SHREE NAGABHARANA NILAYA DONIMAKKI, NEAR KUMARADHARA SUBRAHMANYA, KADABA TALUK DAKSHINA KANNADA-574238. 3. DHARMAPALA A AGED ABOUT 58 YEARS S/O LATE VEERAPPA GOWDA ALENGARA HOUSE, YENMOORU POST KADABA TALUK, DAKSHINA KANNADA-574238. 4. MAHABALESHWARA D AGED ABOUT 58 YEARS S/O ELYANNA GOWDA DOLA HOUSE, DEVARAGADDE SUBRAHMANYA, KADABA TALUK DAKSHINA KANNADA- 574238. 5. K.S. SUBRAHMANYA AGED ABOUT 56 YEARS Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11520 WP No. 20665 of 2025 S/O K. SUBRAYA BHAT 2-64 B, SHIVAPRIYA NILAYA NOOCHILA, SUBRAHMANYA KADABA TALUK, DAKSHINA KANNADA-574238. 6. NONAPPA K. AGED ABOUT 55 YEARS S/O LATE SUBRAYA GOWDA KOUSHINI NILAYA, KANKAL HOUSE VISHNU CIRCLE, UBARADKA ROAD SULLIA, DAKSHINA KANNADA-574239. 7. SHANMUKHA D.R. AGED ABOUT 55 YEARS S/O LATE D RADHAKRISHNA UPARNA PRAKRUTHI NILAYA, AGOLIKAJE DEVARAGADDE ROAD, SUBRAHMANYA KADABA TALUK, DAKSHINA KANNADA- 574238. 8. JAYALAKSHMI S.S., AGED ABOUT 60 YEARS 2-32, SHANTHALAKSHMI NILAYA NOOCHILA, SUBRAHMANYA KADABA TALUK, DAKSHINA KANNADA- 574238. 9. RAJALAKSHMI R AGED ABOUT 56 YEARS W/O PADMANABHA SHETTIGAR DEVARAGADDE HOUSE SUBRAHMANYA, KADABA TALUK DAKSHINA KANNADA- 574238. 10. SARASWATHI N., AGED ABOUT 55 YEARS W/O ACHUTHA A, PARVATHAMUKHI HOUSE SUBRAHMANYA KADABA TALUK, DAKSHINA KANNADA-574238. 11. BALAKRISHNA J AGED ABOUT 59 YEARS S/O KORAGAPPA GOWDA - 3 - HC-KAR NC: 2026:KHC:11520 WP No. 20665 of 2025 #481 A, NOOCHILA HOUSE SUBRAHMANYA, KADABA TALUK DAKSHINA KANNADA-574238. 12. JAYARAMA RAO AGED ABOUT 63 YEARS S/O LATE GOPALAKRISHNA RAO ANGADIGUDDE, SUBRAHMANYA POST SUBRAHMANYA, KADABA TALUK DAKSHINA KANNADA- 574238. 13. MAMATHA P., AGED ABOUT 64 YEARS W/O H.M. SATHYANARAYANA #923, 2ND MAIN, VIVEKANANDA NAGAR KUVEMPUNAGAR, MYSORE-570023. …PETITIONERS (BY SRI. H PAVANA CHANDRA SHETTY., ADVOCATE) AND: 1. SECRETARY MUJARAI DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560 001. 2. THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT (MUJURAI DEPARTMENT) 2ND FLOOR, SRI MALAI MAHADESHWARA VARTHA BHAVAN, ALUR VENKATARAO ROAD CHAMARAJPET, BANGALORE-560018. 3. THE EXECUTIVE OFFICER SRI KUKKE SUBRAMANYA TEMPLE SUBRAMANYA, DAKSHINA KANNADA-574 238. - 4 - HC-KAR NC: 2026:KHC:11520 WP No. 20665 of 2025 4. CHIEF EXECUTIVE OFFICER SRIKANTESHWARA SWAMI TEMPLE NANJANAGUDU, MYSORE-571301. …RESPONDENTS (BY SRI. M RAJAKUMAR, AGA FOR R1 & R2: R3 AND R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH THE ORDER PASSED BY THE 2ND RESPONDENT /COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, DATED 01.07.2025 BEARING ITS NO.E.1750997.HRICE-ADM0ADM1/319/2025 FOR DEMOTING THE PETITIONERS FROM THE POST OF FIRST DIVISION ASSISTANT (FDA) TO SECOND DIVISION ASSISTANT (SDA) AND FURTHER DIRECTED TO FIX THE EARLIER PAY-SCALE WHICH IS APPLICABLE TO THE SECOND DIVISION ASSISTANT AS PER THE GOVERNMENT ORDER BEARING ITS NO.KAME 84 MUSEVE 2006, DATED 02.09.2006 PRODUCED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the Official Memorandum dated 01.07.2025 vide Annexure-A, issued by the second respondent, whereby the petitioners have been demoted from the posts of First Division Assistants to - 5 - HC-KAR NC: 2026:KHC:11520 WP No. 20665 of 2025 the posts of Second Division Assistants solely on the basis of a letter written by the Panel Advocate. 2. The case of the petitioners is that they were appointed as Second Division Assistants during the years between 1983-1995. Subsequently, on 19.02.2008, they were promoted as First Division Assistants. While they were working in the respondent–Temple, they were demoted without being issued any notice and without following due process of law, solely on the basis of the opinion given by the Panel Advocate. 3. I have perused the impugned order vide Annexure-A. The impugned order has been passed solely on the basis of the opinion rendered by the Panel Advocate, placing reliance on the judgment of the Apex Court in BASAWARAJ AND ANOTHER VS. SPECIAL LAND ACQUISITION OFFICER reported in (2013) 14 SCC 81. The said judgment is not applicable to the case of the petitioners. Further, the impugned order has been - 6 - HC-KAR NC: 2026:KHC:11520 WP No. 20665 of 2025 passed without issuing any notice to the petitioners. On this ground alone, the writ petition deserves to be allowed. 4. Accordingly, the following order: (i) The writ petition is allowed. (ii) The impugned order dated 01.07.2025 vide Annexure A issued by the second respondent is quashed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 58