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2024 Supreme(Online)(KAR) 12779
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 872 OF 2023 (GM-R/C)
BETWEEN:
SRI. DESHALINGASWAMY S/O SRI. MAHADEVAPPA R/O KALKERE VILLAGE GAMANAHALLI DHAKHALE ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571 478.
…PETITIONER (BY SRI. HARISCHANDRA M, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401. 2. TAHASILDAR ARAKERE HOBLI Digitally signed by SRIRANGAPATNA TALUK R HEMALATHA MANDYA DISTRICT-571 438.
Location: HIGH COURT OF KARNATAKA 3. SRI. MAHADEVAPPA S/O SRI. LINGAPPA R/O KALKERE VILLAGE GAMANAHALLI DHAKALE ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571 478.
…RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R2;
SRI. K N NITISH, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DATED 30.12.2017 PASSED BY THE R-2 THE THASILDAR ARAKERE HOBLI BY APPOINTING THE R3 AS A TEMPORARY ARCHAKA OF SRI. SOMESHWARA DEVARU TEMPLE, KALKERE VILLAGE, ARAKERE HOBLI, SRIRANGAPTNA THALUK, MANDYA DISTRICT VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRILIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the temporary appointment of respondent No. 3 as Archak of the Sri Someshwara Devaru Temple, Kalkere village, Arakere Hobli, Srirangapatna Taluk, Mandya District.
2. The petitioner asserts that his great-grandfather, late Mallaiah, served as the Archak of the temple. After Mallaiah's death, the petitioner’s grandfather succeeded to the position. Upon the death of his grandfather, his daughter, Smt. Gurumallamma, succeeded as Archak. The petitioner, claiming to be the son of Smt. Gurumallamma, submitted a representation to respondent No.
1, requesting his appointment as hereditary Archak.
3. In the interim, respondent No. 3 was appointed as a temporary Archak.
4. The petitioner's counsel submits that, during the pendency of this petition, respondent No. 3 was removed from the position of temporary Archak, and a new appointment has been made on a temporary basis. The petitioner seeks a direction for respondent No. 1 to consider his representation for appointment as hereditary Archak.
5. The learned Additional Government Advocate submits that the petitioner’s representation will be considered in accordance with the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 ("the Act").
6. In light of the above, the writ petition is disposed of with a direction to respondent No. 1 to consider the petitioner's representations dated 04.05.2023, 17.05.2023, and 14.06.2024, as detailed in Annexure-G. Respondent No. 1 is further directed to issue an appropriate order in accordance with the law, exercising its powers under Section 25B(6)(iii) of the Act, after notifying all interested parties. The said exercise to be completed within three months from the date of receipt of this order.
7. The appointment of the Archak on a temporary basis shall remain subject to the outcome of the einquiry to be conducted by respondent No. 1.
