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2010 Supreme(Kar) 281

SUBHASH B.ADI
Samsthana Mahabaleshwar Devaru – Appellant
Versus
State of Karnataka by its secretary – Respondent


Advocates appeared:
For the Petitioners:Subramanya Jois, Sr. Advocate, V.G. Bhat, Advocate.
For the Respondents: B.V. Acharya, Sr. Counsel.

Judgment :-

1. This writ petition is directed against the order dated 17.11.2006.

2. The case of the petitioners is, that they had made an application before the District Judge, Canara, under section 47 of the Bombay Public Trust Act on 19.2.1957 to appoint 2nd petitioner as trustee of the temple in exercise of power under section 47 of the Bombay Public Trust Act, (hereinafter referred to as “the Trust Act”). The learned District Judge by order dated 30.1.1960 appointed the 2nd petitioner’s father as Trustee of the temple. The father of the 2nd petitioner died on 3.11.2004. After his demise the 2nd petitioner has been performing the duties in the place of his father. In the meanwhile, the devotees of the 1st petitioner along with other trustees, acting under the Trust Act, filed writ petitions in W.P.No.33012/2003 to 33015/2003 challenging the validity of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (hereinafter referred to as the ‘Endowments Act’) and also for a direction to restore the temple in favour of the petitioners therein. It is stated that the Endowments Act was held constitutional by this court. However, the 1st respondent issued a notif









































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