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S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
Ramachnadrapura Math – Appellant
Versus
Samsthana Mahabaleshwara Devaru – Respondent
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 accordingl
An executive order declaring a religious institution as a declared institution under the Act was quashed for lack of procedural fairness and failure to conduct a proper enquiry.
The court affirmed that the institution is a 'Temple' under the Act, rejecting claims to reclassify as a 'Mutt' due to lack of jurisdiction and standing.
The High Court refrained from granting any declaration as to who is the actual person who has a right to exercise the shebait rights or any other right relatable to the temple. The Court left open th....
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