GANAPATI S/O. PARAMESHWAR BHAT – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 101846/2021
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 07th DAY OF JULY 2021
BEFORE
THE HON9BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.101846/2021 (GM-R/C)
BETWEEN:
GANAPATI S/O. PARAMESHWAR BHAT
AGE. 40 YEARS,
OCC. HEREDIETARY PRIEST
AND TRUSTEE OF
MATOBARA SHRI MURDESHWAR TEMPLE,
MURDESHWAR,
R/O. KORLIKAN, DIVAAGERI,
MURDESHWAR, TQ. BHATKAL,
DIST. UTTARA KANNADA.
...Petitioner
(By Sri.JAGADISH PATIL, ADV.)
AND
1 . THE STATE OF KARNATAKA
MUZRAI DEPARTMENT,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DR. B R AMBEDKAR VEEDHI,
BENGALURU 560001
2 . RAJYA DHARMIKA PARISHAD
REPRESENTED BY ITS SECRETARY,
HINDU RELIGIOUS AND
CHARITABLE ENDOWMENTS DEPARTMENT,
2ND FLOOR, SRI MINTO ANJANEYA BHAVAN,
ALUR VENKATRAO ROAD,
CHAMRAJAPETE, BENGALURU 560019.
3 . THE COMMISSIONER
HINDU RELIGIOUS AND
CHARITABLE ENDOWMENTS DEPARTMENT,
2ND FLOOR, SRI MINTO ANJANEYA BHAVAN,
2
ALUR VENKATRAO ROAD,
CHAMRAJAPETE, BENGALURU 560019.
4 . THE DEPUTY COMMISSIONER
UTTARA KANNADA DISTRICT,
UTTARA KANNADA 581320
5 . THE ASSISTANT COMMISSIONER
BHATKAL SUB-DIVISION,
UTTARA KANNADA 581320
6.
THE TAHASILDAR
BHATKAL,
UTTARA KANNADA DISTRICT 581320
&&Respondents
(By SMT.VIDYAVATHI C KOTTURSHETTAR, AAG AND
(SRI.SHIVAPRABHU S HIREMATH, AGA FOR R1 TO 6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF CERTIORARI QUASHING IMPUGNED ORDER
DATED 23.03.2021 BEARING NO.GB.DVS/CR-12/2015-16 MADE BY
RESPONDENT NO.4 VIDE ANNEXURE-S.
THIS WRIT PETITION COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In this writ petition, the petitioner has challenged the
order dated 23.03.2021 passed by the 4th respondent vide
Annexure-S appointing an Administrator to Matobara Shri
Murdeshwar Temple, Murdeshwar, Batkal taluk.
2.
The main contention which has been contended
by the petitioner is that, this temple is notified as 8A-Grade9
temple. The competent authority which appoints an
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Administrator to the said temple is the Rajya Dharmika
Parishat. Hence, Annexure-S passed by the 4th respondent
is without authority of law.
3.
Today, learned Additional Advocate General has
filed a memo enclosing copy of the order passed by the 3rd
respondent-Commissioner dated 30.06.2021. The same is
taken on record.
4.
Pursuant to that proceedings passed by the 2nd
respondent-Rajya Dharmika Parishad, the 3rd respondent-
Commissioner has passed the order dated 30.06.2021
appointing an Administrator to Matobara Shri Murdeshwar
Temple, Murdeshwar, Batkal taluk.
5.
In view of the above, the relief sought for by the
petitioner will not survive for consideration. Accordingly,
the above writ petition is disposed off reserving liberty to
the petitioner to challenge the order dated 30.06.2021
before appropriate legal authority.
Sd/-
JUDGE
Kgk