IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.23598 OF 2023 (GM-R/C)

BETWEEN:

SREE SAMPUTA NARASIMHA SWAMY SREE SUBRAMANYA MUTT, KUKKE SUBRAMANYA, KADABA TALUK, DAKSHINA KANNADA - 574 238.

REP. BY ITS PEETADIPATHI SREE SREE VIDYAPRASANNA THEERTHA SWAMIJI, BY HIS G.P.A. HOLDER SRI. S.R. PRASANNA, S/O S.R. RAO, AGE: MAJOR. …PETITIONER (BY SRI. UDAYA PRAKASH M., ADVOCATE)

AND:

1. STATE GOVERNMENT OF KARNATAKA Digitally signed by DEPARTMENT OF HINDHU RELIGIOUS AND SHARMA ANAND CHAYA CHARITABLE ENDOWNMENTS, Location: HIGH VIDHANA SOUDHA, COURT OF AMBEDKAR VEEDHI, KARNATAKA BENGALURU - 560 001. REP. BY ITS SECRETARY.

2. THE COMMISSIONER OF ENDOWMENT DEPARTMENT

2^ND FLOOR, ANJANEYA BHAVANA, ALURU VENKATARAO ROAD, CHAMARAJPETE, BENGALURU - 18.

3. THE DEPUTY COMMISSIONER AND IN-CHARGE ENDOWNMENT SURVEY OFFICER, DEPARTMENT OF HINDHU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWNMENTS, 2^ND FLOOR, ANJANEYA BHAVANA, ALURU VENKATARAO ROAD, CHAMARAJPETE, BENGALURU - 18.

4. SHRI. SRINATH FATHER NAME NOT KNOWN TO PETITIONER AGE: MAJOR, KULKUNDA, SUBRAMANYA, KADABA TALUK, DAKSHINA KANNADA DISTRICT - 574 238.

…RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONI, PRAYING TO DIRECT THE RESPONDENT NO.3 TO FIRST CONSIDER THE MAINTAINABILITY OF THE PROCEEDINGS IN MU.E/U.A/V.C/44/2022-23 BY CONSIDERING THE APPLICATION DATED 28^TH AUGUST, 2023 VIDE ANNEXURE-A; AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

Sri. Mahantesh Shettar, learned Additional Government Advocate accepts notice for respondents 1 to 3.

2. In this writ petition, the petitioner-Mutt is seeking direction to the respondent No.3 to consider the application dated 28^th August, 2023 (Annexure-A) filed by the petitioner under Section 151 of the Civil Procedure Code.

3. Heard Sri. Udaya Prakash, learned counsel appearing for the petitioner and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents 1 to 3.

4. Having heard the learned counsel appearing for the parties and taking into consideration the fact that the application filed by the petitioner herein under Section 151 of the Civil Procedure Code is pending consideration before the competent authority for more than two years, I am of the view that, there is no impediment for the respondent No.3 to consider the said application at the earliest. Therefore, without expressing any opinion on merits of the case, the respondent No.3 is directed to consider the application dated 28^th August, 2023 (Annexure-A) filed by the petitioner herein within an outer limit of six months from the date of receipt of this order.

5. It is made clear that, the respondent No.3 shall consider the said application filed by the petitioner-Mutt, before final adjudication of the matter. With this observation, writ petition stands disposed of.

SD/-

(E.S. INDIRESH)

JUDGE ARK List No.: 1 Sl No.: 33