ORDER :

1. The petitioners are before this Court claiming to be aggrieved by the order dated 10.08.2018 passed by the High Court of Karnataka in W.P. No.30609/2008 and connected petitions. The issue raised in the petitions was with regard to the status of ‘Gokarna Mahabaleshwara Temple’. A Notification dated 30.04.2003/01.05.2003 was issued under Section 23 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 notifying the temples mentioned therein as coming within the purview of the Act. In the said notification, the ‘Gokarna Mahabaleshwara Temple’ was also included at Serial No.92. The said position remained so until the petitioners herein claiming to be aggrieved by such notification made a representation seeking that the temple be deleted from the notification since according to them it was attached to the petitioners’ ‘Mutt’ and was therefore not covered by the Act in view of Section 1(4) of the Act, 1997. Pursuant thereto the official respondents through the Government Order dated 12.08.2008 ordered the deletion of ‘Shri Mahabaleshwara Temple’, Gokarna from the list of notified temples published on 30.04.2003. The Deputy Commissioner was accordingly directed to hand over the administration of the temple to the petitioner ‘Mutt’.

2. The said Government Order dated 12.08.2008 whereunder the temple was denotified was assailed in public interest by the devotees and representatives of the former trustees by filing writ petitions in the High Court of Karnataka. All the writ petitions were taken up together for consideration by the Division Bench and on a detailed consideration the Government Order dated 12.08.2008 was quashed, result of which was that the temple in question remained to be a notified temple under Act, 1997. It was held that a determination was required to be made as to whether the temple belonged to the ‘Mutt’ by a competent Civil Court since disputed questions of fact cannot be decided in a writ petition. However, taking note of various other aspects including the validity of Act, 1997 itself pending consideration before this Court, the Division Bench has constituted the Committee termed as “Overseeing Committee” under the Chairmanship of the Deputy Commissioner, Uttara Kannada District and also requested a former Judge of this Court to be the advisor to the said committee. The said arrangement was made till the committee in terms of Act, 1997 is constituted.

3. The petitioner ‘Mutt’ would, therefore, get divested of the right to administer the temple and, as such, claiming to be aggrieved is before this Court. The Division Bench of the High Court on pronouncing the order, at the request on behalf the petitioner herein had stayed the implementation of the order for a period of one month due to which petitioner continues to be in charge. This Court while directing notice to the respondent on 07.09.2018 extended the benefit of the interim order granted by the High Court, which was thereafter clarified to indicate that the status quo was to be maintained.

4. In that light though the petitions were taken up for final consideration, it was noticed that the hearing of the petition will have to be exhaustive and will require deeper consideration. That apart, the Act, 1997 under which the notification was made in the year 2003, was thereafter declared as unconstitutional by the Division Bench of the High Court of Karnataka in another proceeding, through the judgment dated 08.09.2006. The said judgment is assailed before this Court in the case of State of Karnataka vs. Sahasra Lingesshwara in C.A. No.5924/2008 wherein the judgment of the High Court is stayed through the order dated 12.07.2007. Thus, the result in the said appeal would also have a bearing on this case, apart from the factual aspects involved in these petitions which require deeper consideration. We therefore deem it proper to admit these petitions for hearing by granting leave.

5. Delay condoned in SLP @ D.No.6578/21. Leave g