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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R.NATARAJ
Shree Marikamba Devasthanagala Vyavasthapaka Committee – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. challenge to order under act, 1997. (Para 1 , 2) |
| 2. opposition by state regarding temple management. (Para 4 , 5) |
| 3. contentions on procedural violations. (Para 6 , 7) |
| 4. lack of proper enquiry prior to impugned order. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. writ petition granted and order quashed. (Para 14 , 15 , 16 , 17) |
ORDER :
1. The petitioners have challenged the proceedings of the respondent No.2 which culminated in an order bearing 
declaring the petitioner No.1 as a declared institution under Sections 42 and 43 of the KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT , 1997 (henceforth referred to as 'the Act, 1997').
2. The petitioners claim that Shree Marikamba Temple, Sagar Town, (henceforth referred to as 'the Temple') is an ancient Temple and is represented by an Executive Committee comprised of 21 members and 15 sub-committees which include a sub-committee for conducting jatra / fair which will be conducted once in three years. This fair is being conducted in the temple for more than 100 years by the Executive Committee as well as the jatra sub-committee. The petitioners claim that the accounts of the Temple are duly audited for the period
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 emphasized the importance of compliance with procedural mandates under the Tamil Nadu Hindu Religious & Charitable Endowments Act-1959, and upheld the rights of the trustees appointed throu....
The appointment of non-hereditary trustees is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
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.
Point of Law : Once misappropriation has come to the notice, necessary remedial steps were taken by the Bharana Samithy - But fact remained that there occurred such a huge loss of properties of the D....
The amendment to Section 69(B) of the Karnataka Act is prospective, limiting jurisdiction to specified authorities for inquiries on fund collections post-04.05.2011.
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