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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE G.NARENDAR

WRIT PETITION NO.35032/2017(GM-R/C)

BETWEEN

SRI H.L. CHANDRASHEKARAIAH

S/O LATE LAKSHMI NARASIMAIAH,

AGED ABOUT 29 YEARS,

R/AT HARTHI VILLAGE,

KASABA HOBLI, MAGADI TALUK,

RAMANAGARA DISTRICT.

...PETITIONER

(BY SRI: S KALYAN BASAVARAJ, ADVOCATE)

AND

1.

THE COMMISSIONER FOR ENDOWMENTS

HINDU RELIGIOUS INSTITUTIONS AND

CHARITABLE ENDOWMENTS DEPARTMNET,

CHAMRAJEPT,

BENGALURU-560 018.

2.

THE DEPUTY COMMISSIONER

RAMANAGARA DISTRICT,

RAMANGARA-562 120.

3.

THE TAHASILDAR

MAGADI TALUK,

RAMANAGARA DISTRICT-562 120

4.

SRI.H.V.MARAIAH

S/O LATE VENKATARAMANAPPA,

AGED ABOUT 57 YEARS

R/AT HARTHI VILLAGE,

KASABA HOBLI, MAGADI TALUK,

RAMANAGARA DISTRICT

PIN-562 120

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5.

SRI MARAMMA TEMPLE

HARTHI VILLAGE,

KASABA HOBLI, MAGADI TALUK,

RAMANAGARA DISTRICT

PIN-562 120

REP BY ITS SECRERARY

…RESPONDENTS

(BY SRI: MALLIKARJUNA SWAMY D., ADVOCATE FOR C/R4;

SMT: RASHMI PATEL, HCGP FOR R1-R3;

R5-SERVED & UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH

THE ORDER IMPUGNED DTD7.7.2017 PASSED BY THE

TAHASILDAR, MAGADI TALUK [PRODUCED AT ANNEXURE-A],

ETC.

THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY

HEARINGIN ‘B’ GROUP’, THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

Heard the learned counsel for the petitioner, the

learned High Court Government Pleader for respondent

Nos.1 to 3 and learned counsel for caveator/respondent

No.4.

2.

Learned counsel for the petitioner would

submit that the petitioner is claiming hereditary rights as

Archak of Sri Maramma Temple, Harthi Village, Kasaba

Hobli, Magadi Taluk, Ramanagara District, and that

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respondent No.3 has illegally removed him and that the

order of the Tahsildar is without jurisdiction.

3.

Per contra, learned High Court Government

Pleader would fairly submit that it is the Deputy

Commissioner, who is vested with the authority to decide

the said issue under Section 25-B(6)(iii) of the Karnataka

Hindu Religious Institutions and Charitable Endowments

Act, 1997. The said provision reads as under:-

‘25-B. Power of the Deputy Commissioner

to settle scheme for the administration of

Charitable endowments and to decide

certain other disputes.-

xxx

(6) Whenever any question arises as to.-

xxx

(iii) whether any Archak or temple servant

holds or held an office in any notified

institution or declared institution on the

basis of a hereditary right; or’

4.

In that view of the matter, learned High Court

Government Pleader would fairly submit that the order of

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the Tahsildar is not sustainable. The fair submission of

learned High Court Government Pleader is placed on

record.

5.

The writ petition is allowed in part. The order

of the Tahsildar is set-aside. The matter is remitted to

the Deputy Commissioner, Ramanagara. The petitioner

and respondent No.3 shall appear before the Deputy

Commissioner on 10.08.2021. There shall be a direction

to the petitioner to file an application before the Deputy

Commissioner asserting his claim as hereditary Archak

and if such an application is filed on or before

10.08.2021, the same shall be considered and disposed

of in accordance with law.

6.

Till the consideration and disposal of the issue

by the Deputy Commissioner, the petitioner shall be

permitted to carryout the duties of the Archak, if no

other Archak has been appointed.

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The writ petition stands disposed of in the above

terms. No order as to costs.

Sd/-

JUDGE

dn/-