V. GOPALA GOWDA, J.

( 1 ) THE petitioner has sought for quashing the impugned order at Annexure-F, dated 12-12-1996 by which the 3rd respondent Asst. Commissioner for Religious and Charitable Endowments, Mangalore, has appointed respondents 5 to 13 as the Trustees and among them the 5th respondent as the Managing Trustee of Rajan Daiva Chavadi, a temple in Sulya Taluk for a period of five years.

( 2 ) ). Mr. A. Keshava Bhat, learned counsel for the 5th respondent submits that the Deputy Commissioner for Hindu Religious and Charitable Endowments, Dakshina Kannada, under Annexure-D in Case No. LAW. CR 57/89-90 has held that the aforesaid temple is not a 'religious Institution' and that order has become final. It is his further submission that unless the Civil Court declare that the decision of the Competent Authority under the Act is bad in law and set aside the same, the impugned order passed by the 3rd respondent is valid in law and shall not be interfered with by this Court.

( 3 ) THE impugned order is passed by the 3rd respondent in exercise of purported Rule 17 of the Rules of the Department. Learned Addl. Govt. Advocate is unable to produce the Rule referred to in the impugne

Click Here to Read the rest of this document