Point of Law: Once the Court has intrinsic material to accept that the faith or the belief is genuine and not a pretence, it must defer to the belief of the worshipper This, we must do well to recognise, applies across the spectrum of religious and their texts, Hinduism and Islam being among them

ORDER :

1. Shri Guru Dattatreya Peetha Samvardhana Samithi [Petitioner-Trust] has presented this writ petition with a prayer inter-alia to issue a writ of certiorari and to quash the impugned Government Order [RD No. 14 Muzarai 2009 dated 19.03.2018] and to direct the State Government to implement Endowment Commissioner's Report dated 10.03.2010.

FACTS OF THE CASE

2. As per petition averments, petitioner is a religious and charitable Trust registered under the provisions of the Indian Trust Act inter-alia with aims and objectives to protect and develop Shri Guru Dattatreya Peetha Devasthana, the Cave Temple at Inam Dattatreya Peetha village in Chandradrona Parvatha, Chickmagaluru.

3. The ‘Peetha’ is a major Muzarai Temple under Mysore Religious and Charitable Institutions Act, 1927. On 06.04.1973, the Karnataka State Board of Wakf took over the management of the Peetha. Two devotees namely Sriyuths. B.C. Nagaraja Rao and C. Chandra Shekar filed a suit before the learned Civil Judge, Chickmagaluru for a declaration that plaint schedule Institution is a holy place of worship belonging to Hindus and Mohammedans and upon transfer to the Court of learned District Judge, it was registered as O.S. No. 25/1978 and decreed on 29.02.1980. The Karnataka State Board of Wakf challenged the judgment and decree in RFA No. 119/1980 before this Court and it stood dismissed vide judgment dated 07.01.1991. The SLP (Civil) No. 17040/1991 filed thereon, also stood dismissed on 01.11.1991.

4. The Tahasildar, Chickmagaluru called upon fifth respondent's father to submit accounts with regard to the rents collected during the festivals. Fifth respondent's father challenged the same in W.P. No. 2294/1984 contending inter-alia that he was the Sajjada Nasheen of Shri Guru Dattatreya Bababudan Swamy Darga and the direction issued by the Tahasildar, infringed his right of management of the Institution. This Court noticed that the decree passed in suit was not challenged by the State Government, but the RFA filed by the Wakf Board was pending consideration in this Court. It also noted that the State Government and the Muzarai Officers were required to act in terms of the decree and as such, the State Government had directed on more than one occasion that the Institution be restored to the Sajjada Nasheen to be administered as per practice prevailing prior to 1975, but no enquiry was made with regard to practices prevailing prior to June 1975. On 01.03.1985, this Court has disposed of the writ petition with following directions:

“The Commissioner for Religious and Charitable Endowments in Karnataka shall have the matter enquired into through the Muzrai Officer and report made to him, regarding the practice that was being followed or prevailing prior to June, 1975 in respect of management of the affairs of “Sri. Guru Dattathreya Swamy Peeta” otherwise known as “Sree Gurudattathreya Bababudnaswamy Dargha” including conducting of Urs or festival, its property and all other matters pertaining to the institution. The Petitioner and devotees of the institution shall be afforded an opportunity in the course of the enquiry. A Public Notice shall also be issued in this regard. The commissioner shall on receipt of the report, take a decision after affording an opportunity of hearing to the Petitioner and other persons concerned, if any. On such decision being taken by the Commissioner, it is open to the Petitioner to challenge the same in accordance with law. The enquiry shall be completed and the decision shall be taken on or before the end of August 1985.”

5. Pursuant to the above directions, the Endowment Commissioner, submitted a Report dated 25.02.1989 codifying the religious practice prior to 1975.

6. Petitioner filed a public interest writ petition registered as W.P. No. 31580/2000 with a payer inter-alia for a direction against the Deputy Commissioner, Chickmagaluru to handover the management of the Temple to the petitioners. This Court, while disposing of the said pe