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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2018 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT APPEAL NO. 1588 OF 2018 (GM- R/C)
BETWEEN:
1. SRI M GOVERDHAN DAS HEGDE S/O. B VITTAL HEGDE, AGED ABOUT 79 YEARS, R/O. MOMBETTU HOUSE, HIREYADKA POST, UDUPI TALUK AND DISTRICT- 576 101 (APPELLANT IS NOT CLAIMING SENIOR CITIZEN BENEFIT)
2. SRI. HARSHAVARDHAN HEGDE S/O. NARAYANA HEGDE, AGED ABOUT 50 YEARS, R/O.CHERKADI VILLAGE, UDUPI TALUK AND DISTRICT - 576 101 ... APPELLANTS (BY SRI H. SUBRAMANYA JOIS, SENIOR COUNSEL FOR SRI, SHANTAKUMAR . K.C, ADVOCATE)
AND:
1. DR. M. SUNIL HEGDE S/O LATE SRI M BALAKRISHNA HEGDE, AGED ABOUT 63 YEARS, MOMBETTU POST, HIRIYADKA, UDUPI TALUK & DISTRICT-576 101
2. STATE OF KARNATAKA MUZARAI DEPARTMENT, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. RAJYA DHARMIKA PARISHATH HINDU RELIGIOUS INSTITUTIONS &
CHARITABLE ENDOWMENTS, 2ND FLOOR, SRI MINTO ANJENAYA BHAVAN, ALURU VENKATA RAO ROAD, CHAMARAJPETE, BENGALURU - 560 019 REPRESENTED BY ITS SECRETARY.
4. THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS &
CHARITABLE ENDOWMENTS, 2ND FLOOR, SRI MINTO ANJENAYA BHAVAN, ALURU VENKATA RAO ROAD, CHAMARAJPETE, BENGALURU-560 019.
5. THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI-576 104
6. THE ASSISTANT COMMISSIONER UDUPI SUB DIVISION, UDUPI DISTRICT, UDUPI-576 104 7. SRI.VEERABHADRA TEMPLE HIRIYADKA, BOMMARABETTU VILLAGE, UDUPI TALUK & DISTRICT-576 101 REPRESENTED BY ITS EXECUTIVE OFFICER/ADMINISTRATOR. .. RESPONDENTS (BY SRI. SUBRAMANYA, ADVOCATE FOR C/R1 SRI. H. VENKATESH DODDERI, AGA FOR R2, 4, 5 & 6)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 10/05/2018 RENDERED IN WP NO.15787/2018 [GM-RC] PASSED BY THE LEARNED SINGLE JUDGE, AS DEVOID OF JURISDICTION AND AS UNSUSTAINABLE IN LAW AND ALLOW THIS APPEAL.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
J U D G M E N T
By way of this intra Court appeal, the appellants who were respondent Nos. 7 and 8 in Writ Petition No.15787/2018 seeks to question the interim order dated 10.05.2018 in the said petition, that reads in its entirety as under:
“ Having heard Mr.Subramanya R. learned counsel appearing for petitioner and Mr.Jois, learned counsel appearing for respondent Nos. 7 and 8 and having regard to the finding recorded by the Rajya Dharmika Parishat Tribunal wayback in 08.02.2013 itself to the effect that issue regarding hereditary right of parties to get appointed as “hereditary trustee” being in dispute and having directed the parties to approach the Civil Court in getting their dispute resolved, this Court is of considered view that power available to the State under Section 20-A (2)(vii) of Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, clearly disclosing that when there is a dispute to the office of the “hereditary trustee”, a member of the family who claims to have succeeded to the office as hereditary trustee, cannot be appointed and impugned order being contrary to said provision deserves to be stayed. Hence, order dated 26.03.2018-
Annexure-T stands stayed.
Re-list this matter on 05.06.2018”.
It is not in dispute that the writ petition remains pending and the present appellants have earlier filed their Statement of Objections and they seek to file further objections with reference to the subsequent challenge said to have been put by the writ petitioners to the order dated 26.03.2018 (Annexure-T) which has been stayed by the learned Single Judge.
The dispute herein essentially relates to the management of Sri Mahatobara Veerabhadreshwara Temple situated at Hiriyadka, Bommarabettu village, Udupi Taluk. The temple in question is said to be a hereditary temple of the contesting parties herein. The question of Hereditary Trustee is the bone of contention and the parties have been entangled in several litigations. The civil suit filed by the writ petitioners in O.S.No.267/2018 is said to be pending in the Court of Principal Civil Judge (Jr.Dn.) at Udupi District.
Prior to the writ petition, wherein the interim order aforesaid has been passed, the matter was considered by Rajya Dharmik Parishath Tribunal, Bengaluru in case No. RDP:TRI:5:2012-13 and the same was decided by the order dated 08.02.2013. Therein, the Tribunal observed, with reference to the provisions of Section 20A (2(vii) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, that the dispute of the parties was required to be referred to the Civil Court and that the question of Hereditary Trustee could not have been determined by Rajya Dharmik Parishat and the Tribunal.
It is the case of the present appellants that even prior to the said order, there had been a civil suit between the parties that was settled by way of compromise. It is submitted that the writ petition has been filed in the present matter without any basis and even in this petition, the order dated 26.3.2018 was never challenged.
The said order dated 26.03.2018 (Annexure-T) seems to have been passed by the Rajya Dharmik Parishat in conformity with its decision No.29(2) taken at its 14th meeting held on 23.03.2018, whereby the present appellants were appointed to the post of Hereditary Managing Trustees of the temple aforesaid. It is noticed that in the writ petition, though the said decision dated 23.03.2018 has been questioned but, the order dated 26.03.2018 was not questioned as such. In that regard, the case of the writ petitioners is that they were not aware of the passing of the said order dated 26.03.2018 and the same is essentially consequential to order dated
23.03.2018 that has been challenged in the writ petition. During the course of hearing, the learned Government Advocate has pointed out that in the office of the Commissioner, Hindu Religious Institutions and Charitable Endowments Department, Bengaluru, an order has been issued on 27
