- 1 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26074 OF 2023 (GM-R/C) BETWEEN: SRI. S.N. SOMESH S/O LATE NINGAPPA, AGED ABOUT 58 YEARS, ARCHAKARU, SHREE SOMESHWARA SWAMY AND SHREE SHAMBHULIGNEWHARA SWAMY TEMPLE, SASALU VILLAGE, KIKKERI HOBLI, K.R. PETE TALUK - 571 423 MANDYA DISTRICT. …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE COMMISSIONER, DEPARTMENT OF HINDU RELIGIOUS, INSTITUTIONS AND CHARITABLE ENDWOMENTS, 4TH FLOOR, SRI. MINOT ANJANEYA SWAMY BHAVAN, ALUR VANKATARAO ROAD, CHAMARAJAPET BENGALURU - 560 018. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 2. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, D.C. OFFICE MANDYA – 571 401. 3. THE ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDAVAPURA, MANDYA DISTRICT – 571 434. 4. THE TAHSILDAR AND ENDOWMENT OFFICER, OFFICE OF THE TAHSILDAR, K.R. PETE TALUK, MANDYA DISTRICT – 571 426. 5. THE ADMINISTRATIVE OFFICER, SHREE SHAMBULINGESHWARA SWAMY TEMPLE, SASALU VILLAGE KIKKERI HOBLI, K.R. PETE TALUK -571 423. 6. SRI. MAHADEVA, S/O ERAPPA, AGED 43 YEARS, R/AT SASALU VILLAGE, K.R. PETE TALUK, MANDYA DISTRICT -571 423. 7. SRI. SRINATH S.N., S/O SRI. NANJUNDAPPA S.N., AGED ABOUT 44 YEARS, R/AT SASALU VILLAGE, K.R. PETE TALUK, MANDYA DISTRICT -571 423. 8. SRI. VIJAYKUMAR, S/O LATE SHIVANANJAPPA, AGED ABOUT 61 YEARS, - 3 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 R/AT SASALU VILLAGE, K.R. PETE TALUK, MANDYA DISTRICT -571 423. 9. SRI. SHAMBHULINGAPPA S/O NATARAJU S.P., AGED ABOUT 38 YEARS, R/AT SASALU VILLAGE, K.R. PETE TALUK, MANDYA DISTRICT -571 423. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5; SRI. PUNDIKAI ISHWARA BHAT., ADV. FOR R6 TO R9) THIS WP IS FILED PRAYING TO - QUASH THE NOTICE DTD 10.11.2023 VIDE NO.DVS/CR/529/2022- 2023 AND THEREBY SUSPENDING THE PETITIONER FROM THE POST OF ARCHAK OF THE R5 TEMPLE ISSUED BY R4 VIDE ANNEXURE-A AND GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF THE NOTICE DTD 10.11.2023 VIDE NO.DVS/CR/529/2022-2023 ISSUED BY R4 VIDE ANNEXURE-A IN SO FAR AS PETITIONER CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 4 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 ORAL ORDER 1. The petitioner who was and is working as Archaka in one Shree Shambhulingeshwara Swamy Temple is before this Court seeking the following relief: a. Issue a Writ of certiorari to quash the Notice dated 10.11.2023 vide No. DVS/CR/529/2022-2023 and thereby suspending the Petitioner from the post of Archaka of the 5th Respondent Temple issued by 4th Respondent vide Annexure-A. 2. The case of the petitioner is that respondent Nos.6 to 9, the residents of Sasalu Village, Kikkeri Hobli, K.R. Pete Taluk, had filed a complaint as per Annexure – ‘B’ dated 25.06.2021 against the petitioner before the Tahsildar alleging that the petitioner was in the process of putting up the construction of three storied residential building expending Rs.3 to 4 crores and had also collected cement and other aggregates from lakhs of devotees and had sought for enquiry and its dismissal. Pursuant to which a show-cause notice dated 02.07.2021 came to be issued keeping the petitioner under suspension until further orders. - 5 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 3. The said order of suspension was revoked by the Tahsildar vide order dated 30.09.2021 produced at Annexure – ‘F’ as against which the private respondents had preferred an appeal. In the meanwhile the private respondent herein had again lodged a complaint dated 02.11.2022 as per Annexure-G before the Tahsildar, this time alleging the theft of Hundi. Pursuant to which a notice dated 04.11.2022 as per Annexure – ‘H’ came to be issued and again keeping the petitioner under suspension, which proceedings was carried before the Endowment Commissioner, Karnataka, who by his order dated 31.08.2023 produced at Annexure – ‘N’ remitted the matter to Deputy Commissioner with a direction to proceed in accordance with law and in the interregnum, directed the Commissioner to revoke the suspension, however, without giving any responsibility with regard to Hundi or any other financial collection to the petitioner. 4. Things stood thus, notice at Annexure – ‘A’ dated 10.11.2023 came to be issued by the Tahsildar keeping the petitioner under suspension on the premise that, since prima facie material was found against the petitioner and FIR in this - 6 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 regard was also registered before the Kikkeri Police Station, he was kept under suspension. 5. Sri.Rajashekar S., learned counsel for petitioner taking this Court through the records submits that the issue with regard to registration of a crime against the petitioner in FIR No.177/2023 is subject matter of petition in Criminal Petition No.12379/2023, wherein further proceedings have been stayed. He submits that the repeated complaints and the repeated orders of suspension are only at the instance of the private respondent Nos.6 to 9 who were inimically disposed of against the petitioner and the respondents – Tasildhar and the Deputy Commissioner, without appreciating these aspects of the matter have been acting at the behest of private respondents causing prejudice to the petitioner. Hence, seeks for allowing of the petition. 6. Learned AGA on the other hand submits that the enquiries initiated against the petitioner based on the complaint dated 25.06.2021 produced at Annexure – ‘B’ as well as the enquiry initiated pursuant to the subsequent complaint dated 02.11.2022 produced at Annexure – ‘G’, which have resulted in - 7 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 issuance of present notice, are pending consideration and the same could not be proceeded in the light of pendency of present writ proceedings. She submits that given some time, pending enquiries will be completed, appropriate orders will be passed giving opportunity to the parties concerned. 7. Sri.Pundikai Ishwara Bhat, learned counsel for private respondent Nos.6 to 9 submits that they would cooperate in conducting of enquiries since the complaints were filed at their instance. 8. Submission is taken on record. 9. Serious allegations of petitioner putting up the construction expending Rs.3 to 4 crores by collecting aggregates from the devotees are made in the first complaint, while another serious complaint of theft of Hundi is made against the petitioner. Since, admittedly the enquiry which was initiated pursuant to the complaint at Annexures – ‘B’ and ‘G’ are pending consideration and the notices were issued with suspension orders, this Court do not find it appropriate to grant the relief of as sought for. - 8 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 10. Learned counsel for the petitioner submits that since the matter is being relegated for continuation of the enquiries already initiated, matter be placed before the Commissioner under the Act with a direction to dispose of after affording opportunity to the petitioner. 11. Necessary to note that in terms of Section 16 of the Karnataka Hindu Religious Institution and Charitable Endowments Act, 1997 (for brevity Act, 1997) which deals with misconduct and penalty, it is the Committee of Management constituted under Section 25 of the Act, 1997 which is competent to initiate action and hold an enquiry against the Archaka including Agamika, Thanthrika and Pradhana Archaka, either suo moto or a complaint received against them. Section 25 of the Act, 1997 which provides for the Constitution of Management Committee contemplates such Committee to be consisted of Pradhana Archaka or Archaka as a member. Rule 17 of the Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002, which provides a disciplinary action against Archakas and temple servants also vests power of enquiry and imposing penalty as referred to therein including - 9 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 removal from the service or dismissal from the Committee of Management. 12. In the light of Section 25 of the Act, 1997 providing Archaka himself to be one of the member of the Management Committee, in the instant case complaint made against him of misappropriation and theft of Hundi and in the light of principles of no one can be judge of his own cause, this Court finds it appropriate to accept the submissions made by the learned counsel for petitioner that the enquiry with regard to the aforesaid said two complaints be relegated to the Commissioner appointed under Section 3 of the Act, 1997 and who is also vested with power and jurisdiction under Section 63 of the Act, 1997. Writ petition is disposed of. Matter is relegated to the Commissioner who shall after affording opportunity to the parties, pass appropriate orders on the aforesaid two complaints by holding detailed enquiry within an outer limit of three months from the date of receipt of certified copy of this order. Any further action thereof shall be subject to outcome of such enquiry. - 10 - HC-KAR NC: 2026:KHC:4834 WP No. 26074 of 2023 Petitioner is at liberty to seek such interim relief before the Commissioner. All contentions are kept open. Since the parties before this Court are represented by their respective counsel, they shall appear before the Commissioner as directed above on 20.02.2026 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE LL List No.: 1 Sl No.: 4