IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 18694 OF 2019 (GM-R/C)

BETWEEN:

1. RAMACHANDRA JOGI S/O MANJA JOGI AGED ABOUT 50 YEARS OCCUPATION : ARCHAKASHIP R/O LAKMANE VILLAGE, NITTUR POST HOSANAGARA TALUK - 577418 SHIVAMOGGA DISTRICT …PETITIONER (BY SRI. S.V. PRAKASH., ADVOCATE)

AND:

1. THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, Digitally signed by 2^ND & 3^RD FLOOR , MAHADESHWARA SHARMA ANAND CHAYA VARTHA BHAVAN,VENKATRAO ROAD, Location: HIGH COURT OF CHAMARAJPET, BENGALURU- 560018 KARNATAKA KARNATAKA.

2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201.

3. THE ASSISTANT COMMISSIONER SAGARA SUB-DIVISION SAGARA-577 401 SHIVAMOGGA DISTRICT.

4. THE TAHASILDAR HOSANAGARA TALUK HOSANAGARA- 577418 SHIVAMOGGA DISTRICT.

5. THE DEPUTY TAHASILDAR NADAKACHERI NAGARA, HOSANAGARA TALUK - 577418 SHIVAMOGGA DISTRICT.

6. K R NAGESH, S/O K M RAMA JOGI AGED ABOUT 50 YEARS R/O KODACHADRI KATTINAHOLE VILLAGE, NITTUR POST HOSANAGARA TALUK - 577418 SHIVAMOGGA DISTRICT …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AGA FOR R1 TO R5, SRI CHANDRASHEKARAN, ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.06.2018 PASSED BY THE R- 2 IN PROCEEDINGS PRODUCED AS PER ANNEXURE-P TO THE WRIT PETITION AND ISSUE A WRIT IN THE NATURE OF MANDAMUS COMMANDING THE RESPONDENTS TO IMPLEMENT THE ORDER DATED 13.11.2017 PASSED BY THIS HONBLE COURT IN W.P.NO.13446/2011 IN LETTER AND SPIRIT VIDE ANNEXURE-L.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard the learned counsel appearing for the parties.

2. In this petition, the petitioner is assailing the order dated 18.06.2018 (Annexure-P) passed by the respondent No.2, inter-alia sought for a direction to the respondents to implement the order dated 13.11.2017 in WP No.13446/2011 of this Court (Annexure-L).

3. Perusal of the contentions raised in the pleadings on record and the arguments advanced by the learned counsel appearing for the parties would indicate as to the appointment of Archak in Sri Huliraya Siddeshwara Swamy Temple, Kodachadri, Hosanagara Taluk.

4. The appointment of the Archak in respect of the aforementioned temple was questioned before this Court in WP No.13446/2011, and this Court vide order dated 13.11.2017 (Annexure-L), disposed of the petition with a direction to the respondents to take decision in the matter by implementing the order dated 07.08.2010, which is produced at Annexure-K to the petition. Paragraph-11 of the order passed by this Court (Annexure-L) reads as under:

"11. Therefore, in this regard, the contentions are left open. In terms of the above direction to the competent authority/Administrator to imp0lement the order dated 07.08.2010, the instant petition is required to be disposed of. Such consideration by the competent authority/Administrator shall be made as expeditiously as possible but, not later than three months from the date on which a copy of this order is furnished."

5. In the backdrop of these aspects would indicate that, the appointment of Archak to the temple in question as per Annexure-P dated 18.06.2018 is being made temporarily, and the same has been continued for more than seven years.

6. In that view of the matter, taking into consideration the report made by the Deputy Tahsildar, Hosanagara Taluk, dated 15.03.2018 (Document No.5) filed by the respondent - State wherein, the report has been made to the competent Authority to take decision in the matter for appointment of the Archak in the temple in question.

7. In that view of the matter, taking into consideration the observation made by this Court at paragraph-11 in WP No.13446/2011, and the report made by the respondent No.5 - Deputy Tahsildar, Hosanagara Taluk, I am of the opinion that, the respondents No.