- 1 - HC-KAR NC: 2026:KHC:3073 WP No. 50296 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 50296 OF 2019 (GM-R/C) BETWEEN: NAGESH TANTRI AGED ABOUT 63 YEARS, S/O. LATE KESHAVA TANTRI, KEMMINJE VILLAGE, DARBE POST, PUTTUR TALUK, D.K-574 201. …PETITIONER (BY SRI. SANATH KUMAR A .,ADVOCATE) AND: 1. COMMISSIONER FOR HINDU RELIGIONS AND CHARITABLE ENDOWMENTS DEPARTMENT GOVT. OF KARNATAKA, MINTO ANJANEYA BHAVANA 1ST MAIN, AVR ROAD, CHAMARAJPET, BANGALORE-560 002. 2. SRI. SUBRAYA DEVASTANA SARVE VILLAGE AND POST PUTTUR TALUK, D.K.-574202 REPRESENTED THROUGH ITS EXECUTIVE OFFICER. 3. THE COMMITTEE OF MANAGEMENT SRI SUBRAYA DEVASTHANA, SARVE VILLAGE AND POST PUTTUR TALUK, D.K-574 202. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3073 WP No. 50296 of 2019 4. SUBRAHMANYA BALLAKKARAYA S/O. SRIDHARA BALLAKKURAYA, AGED ABOUT 50 YEARS, KEMMINJE, DARBE POST, PUTTUR TALUK, D.K- 574 201. 5. ASSISTANT COMMISSIONER HINDU RELIGIONS AND CHARITABLE ENDOWMENTS DC OFFICE, MANGALORE, DAKSHINA KANNADA - 574 145. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA., AGA FOR R1 & R5; SRI. A KESHAVA BHAT.,ADVOCATE FOR R3; R2 AND R4 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO CONTINUE THE SERVICES OF THE PETITIONER AS TANTRY UNTIL THE PETITIONER IS REMOVED AFTER FOLLOWING DUE PROCESS OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who claims to be a Tantri of Sree Subramanya Devastana, Sarve Village, Puttur Taluk, Dakshina Kannada District, is before this Court seeking following reliefs; "(i) Issue writ of mandamus directing the respondents No.1 to 3 to continue the services of the petitioner as Tantry untill the petitioner is removed after following due process of law. - 3 - HC-KAR NC: 2026:KHC:3073 WP No. 50296 of 2019 ii) To pass any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice and equity. 2. Learned counsel for the petitioner referring to definition of 'Archaka' as provided under sub-section (2) of Section 2 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 ('the Act 1997' for short) submits that though term 'Tantri' is not defined under the Act, the term Archaka includes a person by whatsoever name called who performs or conducts archana, pooja and other rituals. He submits that Tantri is one who performs prana pratistana to the deity and the petitioner is the one who has done and performed such ritual in respect of the aforesaid temple. 3. He also refer to sub-section (3) of Section 10 of the Act, 1997 providing for Qualifications of Archakas which reads as under; "(3) An Agamika or Tanthri, wherever appointed to perform poojas in a temple on special occasions shall continue to perform such functions as the Committee of Management may specify and shall be governed by such conditions of services as may be prescribed." - 4 - HC-KAR NC: 2026:KHC:3073 WP No. 50296 of 2019 4. Learned counsel further refers to Section 16 of the Act, 1997, which provides for misconduct and penalty. 5. Referring to the aforesaid provisions he submits that in any event, if any action is contemplated resulting in removal or imposition of penalty, such persons shall be given an opportunity of being heard. Thus, he submits that petitioner has not been afforded any opportunity of being heard in this matter. 6. On a query by this Court as to whether the petitioner has either been appointed or removed by any order from the authorities contemplated under the Act, the learned counsel for the petitioner for the above query answers in the negative. Similarly respondent No.4 who now purportedly performing the functions of Tantri, has also neither been appointed nor recognized by the respondent Authorities. Grievance of being heard is available only if a person establishes his rights and breach of the such rights by the action or inaction of the authorities. - 5 - HC-KAR NC: 2026:KHC:3073 WP No. 50296 of 2019 7. In the instant case since the petitioner is claiming himself to be the Tantri and in the absence of any material brought on record with regard to his appointment or removal, by the authorities, this Court finds no reason to grant the relief as sought for. 8. At this juncture, counsel for the petitioner submits that liberty be reserved to the petitioner to establish his right under general law before a competent Court of Civil Jurisdiction. As requested, petitioner is at liberty to seek such relief as may be available and permissible under law, if so advised. With the above observation, petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 22