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VIJAYKUMAR A. PATIL, ALOK ARADHE
Syed Ghouse Mohiyuddin Shah Khadri – Appellant
Versus
State of Karnataka – Respondent
Headnote: Read headnote
JUDGMENT :
ALOK ARADHE, J.
1. This intra court appeal emanates from an order dated 28.09.2021 passed by Learned Single Judge by which in a writ petition preferred by Sri. Guruduttatreya Peetha Samvardhana Samithi (hereinafter referred to as ‘the Samithi’ for short) the order dated 19.03.2018 passed by the State Government has been quashed and the matter is remitted to the State Government to re-consider the matter afresh in accordance with law without reference to the report of High Level Committee.
FACTS PERTAINING TO INCLUSION OF RELIGIOUS INSTITUTION IN THE LIST OF WAKF INSTITUTIONS:
2. Facts giving rise to filing of this appeal briefly stated are that an ancient cave temple is situate in Chandradrona Hills in Chikkamagalur (hereinafter referred to as ‘the religious institution’ for short). Inside the cave, a tomb of Bababudan as well as Padukas of Lord Dattatreya and ‘Nandadeep’ are situate. The cave temple is a venerated place of pilgrimage. The land measuring 1,861 acres was granted to Sri. D
Article 25(1) of Constitution guarantees freedom of conscience, right to freely profess, practice and propagate religion subject to public order, morality and health.
The court directed the HR & CE Department to identify legitimate claimants of a religious institution's management, emphasizing the importance of historical context and legislative amendments.
The principle of continuing governmental action and the power of the State to modify nominations subject to judicial review.
Supersession of a religious trust committee must comply with statutory provisions; failure to do so renders the action arbitrary and subject to judicial review.
The court established that the Commissioner of Endowments lacked jurisdiction to revoke exemptions and appoint trustees without following due process as mandated by the Endowments Act.
The main legal point established in the judgment is the requirement for relief sought in writ petitions to be within the scope of the general direction contained in the order of the Apex Court dated ....
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.
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