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2026 Supreme(Online)(Kar) 29614
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 5518 OF 2022 (GM-R/C)
BETWEEN:
SRI KRISHNA TANTRI
S/O LATE SRI RAMANNA TANTRI
AGED ABOUT 70 YEARS
WORKING AS TANTRI
IN SRI RAJARAJESHWARI TEMPLE
POLIALI, SRI RAJARAJESHWARI TEMPLE
POLALI BANTWAL TALUK
DAKSHINA KANNADA DISTRICT-574 219.
…PETITIONER
(BY SRI. VAISHALI HEGDE.,ADVOCATE)
AND:
1. RAJYA DHARMIKA PARISHAT
REPRESENTED BY ITS MEMBER SECRETARY
MALAI MAHADESHWARA VARTHA BHAVAN
TIPPU SULTAN PALACE ROAD
CHAMARAJPET
BANGALORE-560 018.
2. THE DEPUTY COMMISSIONER
RELIGIOUS AND CHARITABLE
ENDOWMENTS DEPARTMENT
DAKSHINA KANNADA DISTRICT
MANGALURU-575 008.
3. THE EXECUTIVE OFFICER
SRI RAJARAJESHWARI TEMPLE
POLALI, BANTWAL TALUK
DAKSHINA KANNADA DISTRICT-574 219.
4. ASSISTANT COMMISSIONER
RELIGIOUS AND CHARITABLE ENDOWMENTS
DEPARTMENT
DAKSHINA KANNADA DISTRICT-575 008.
5. POLALI GIRI PRAKASH TANTRI
S/O LATE SRI SADASHIVA TANTRI
AGE MAJOR
SRIKRISHNA GIRI TEMPLE
MARIPALYA, PUDU PARANGIPETE
BANTWALN TALUK-574 143
DAKSHINA KANNADA DISTRICT.
6. SRI KRISHNARAJ TANTRI
S/O K NARASIMHA TANTRI
AGE MAJOR, TANTRI MANE
KUDUPU POST-575 028
MANGALURU TALUK
DAKSHINA KANNADA DISTRICT.
…RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA RO R1, R2 AND R4;
SRI. A.G. GURURAJA.,ADVOCATE FOR R3;
R5,R6- SERVED)
Important Points
Subject
Civil Law - Religious and Charitable Endowments
Act Referred
Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1987: S.63A
Headnote
For the Appellants/Petitioners: Vaishali Hegde
For the Respondents: Mahantesh Shettar, A.G. Gururaja
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER DATED 31.08.2021 PASSED BY THE R2 VIDE ANNEXURE-A AND ALL FURTHER PROCEEDINGS THERETO; RESTRAINING THE RESPONDENTS FROM TAKING ANY COERCIVE STEPS TO GIVE EFFECT TO THE DIRECTIONS ISSUED BY THE R2 IN APPLICATION DATED 31.08.2021 VIDE ANNEXURE-A IS CONSIDERED AND DECIDED BY THE KARNATAKA RAJYA DHARMIKA PARISHATH, IN ACCORDANCE WITH LAW.
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;
(i) Issue a Writ of Certiorari or such other appropriate Writ or Order or Direction quashing Order dated 31/08/2021 bearing Application No. DVS.LAW.CR.10/2015-16/158096/F1 passed by the 2nd respondent vide ANNEXURE 'A' and all further proceedings thereto, in the interest of justice and equity in the interest of justice and equity.
ii) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction, restraining the respondents from taking any coercive steps to give effect to the directions issued by the 2nd respondent in Application No.DVS.LAW.CR.10/2015-16/158096/F1, dated 31/08/2021 vide ANNEXURE 'A' is considered and decided by the Karnataka Rajya Dharmika Parishath, in accordance with law in the interest of justice and equity.
iii) Issue such other appropriate Writ or Order or Direction as deemed fit under the facts and circumstances of the case, in the interest of justice and equity."
2. Learned counsel for the petitioner submits;
(a) The order impugned in this writ petition is appealable before Rajya Dharmika Parishath under Section 63A of the Karnataka Hindu Religious Institution and Charitable Endowments Act, 1987.
(b) that the appeal has already been filed before the Parishath.
(c) that present petition was filed as there was no judicial member in the Parishath.
(d) He also submits if interim order granted in this petition is extended till disposal of the said appeal, the purpose of the present petition will be served and he be permitted to withdraw the present petition with liberty to pursue the matter pending before the Parishath.
3. Submission is taken on record.
4. Reserving liberty to the petitioner to pursue the appeal filed before the Rajya Dharmika Parishath, the writ petition is dismissed as withdrawn.
5. Interim order granted by this Court vide order dated 11.03.2022 is extended till disposal of the application filed by the petitioner before the said Rajya Dharmika Parishath seeking interim relief.
