IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 10382 OF 2023 (GM-R/C)

BETWEEN:

SMT. T. K. SUKANYA W/O LATE T N KRISHNA BHATTA BHARATHI BEEDI SRINGERI - 577 139 CHIKKAMAGALURU DISTRICT AGED ABOUT 78 YEARS.

…PETITIONER (BY SRI. VISHWAJITH T K., ADVOCATE)

AND:

1. THE REVENUE SECRETARY GOVERNMENT OF KARNATAKA, AMBEDKAR BEEDI, VIDHANA SOUDHA, Digitally BENGALURU - 560 001.

signed by SUMA B N Location: 2. RAJYA DHARMIKA PARISHAT HIGH COURT SHRI MALAIMAHADESHWARA VARTHA BHAVANA, OF KARNATAKA ALLURU VENKAT RAO ROAD, CHAMARAJAPETE, BENGALURU - 560 018.

3. THE ENDOWMENT COMMISSIONER/ MEMBER SECRETARY RAJYA DHARMIKA PARISHAT, SHRI MALAI MAHADESHWARA VARTHA BHAVANA, ALLURU VENKAT RAO ROAD, CHAMARAJAPETE, BENGALURU - 560 018.

4. DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577 101.

5. TAHASILDAR SRINGERI TALUK, SRINGERI - 577 139.

…RESPONDENTS (BY SMT. B. SUKANYA BALIGA AGA FOR R1 TO R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO RECOMMEND TO THE GOVERNMENT OF KARNATAKA FOR THE DE-NOTIFICATION OF THE TEMPLE, NOTIFIED AS ITEM NO.62 AS PER ANNEXURE-A ISSUED BY THE GOVERNMENT OF KARNATAKA - REVENUE SECRETARIAT BY ITS OFFICIAL GAZATTE NO. RD/77/MET/2003 BANGALORE, DATED 30^TH APRIL 2003 AND PUBLISHED ON 01/05/2003 OR HUMBLY PRAY FOR NULLIFICATION OF THE SAID NOTIFICATION NAMELY ANNEXURE-A SO FAR AS ITEM NO. 62 THEREOF AND FURTHER HUMBLY PRAY FOR SUCH OTHER RELIEF/S AS THIS HONOURABLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner is before this Court seeking following reliefs:

"Direct the respondent No.1 and 2 to recommend to the Government of Karnataka for the de-notification of the temple, notified as item No.62 as per Annexure-A issued by the Government of Karnataka -Revenue Secretariat by its Official Gazatte No.Rd/77/MET/2003 Bangalore, dated 30^th April 2003 and published on 01/05/2003 or humbly pray for nullification of the said notification namely Annexure-A so far as item No.62 thereof."

2. Case of the petitioner is respondent authorities have erroneously notified "Thimmappana Shankaranarayana Devastana" situated at Bharathi Beedi, Sringeri, Chikkamagaluru District under Section 23 of the Karnataka Hindu Religious and Charitable Endowments Act, 1997, (hereinafter referred to as `Act' for short) as per the notification dated 30.04.2003 published on 01.05.2003, wherein the said temple has been notified at Sl.No.62.

3. Petitioner had challenged said notification by filing an appeal under Section 20A before the Rajya Dharmika Parishat, Bengaluru, which by its order dated 02.03.2019 while upholding the contention of the petitioner regarding the said temple being private temple, allowed the appeal declaring that the said temple was wrongly notified under Section 23 of the Act and the same requires to be de-notified. Non implementation of the said order despite representation made by the petitioner, as per Annexure-M dated 13.10.2022, has constrained the petitioner to be before this Court.

4. Learned counsel for the petitioner taking this Court through the records submits that once an order is passed by the Rajya Dharmika Parishat under Section 20A, the respondent authorities, namely Deputy Commissioner and Tahsildar, are required to give effect to the same. Inaction on their part requires a direction to be issued by this Court, is his prayer.

5. Learned AGA on the other hand furnishing the copies of proceedings dated 09.04.2021 of the Rajya Dharmika Parishat submits that in the light of order dated 10.08.2018 passed in W.P.No.30609/2008 in the case of Gokarna Sri.Mahabaleshwara Devastana wherein this Court has held that the State has no power or authority to de-notify the already notified temp