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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.7846/2015 (GM-R/C)

BETWEEN:

SRI.RAMACHANDRA SITILLAYA,

AGED ABOUT 65 YEARS,

S/O SRI.SUBRAMANYA SITTILAYA,

ARCHAKA

SHREE PANCHAJANYA NILAYA

POST: KINYA – 575 023,

NEAR SREE DURGAPARAMESHWARI TEMPLE

THALAPADY,MANGALURU TALUK,

DAKSHINA KANNADA.

… PETITIONER

(BY SRI.SUMANTH M.S., ADVOCATE FOR

SRI.S.RAJENDRA, ADVOCATE)

AND:

1.

THE DEPUTY COMMISSIONER FOR

HINDU RELIGIOUS INSTITUTIONS &

CHARITABLE ENDOWMENTS

DAKSHINA KANNADA

MANGALURU – 575 001

DAKSHINA KANNADA.

2.

THE ASST. COMMISSIONER

HINDU RELIGIOUS INSTITUTIONS &

CHARITABLE ENDOWMENTS

D.C.COMPOUND,DAKSHINA KANNADA

MANGALURU – 575 001

DAKSHINA KANNADA

3.

THE MANAGING COMMITTEE

2

SREE DURGAPARAMESHWARI TEMPLE

THALAPADY – 575 023

MANGALURU TALUK,DAKSHINA KANNADA.

4.

SRI.GANESH BHAT

S/O SRI.BALAKRISHNA BHAT

AGED ABOUT 45 YEARS

LAKSHMI KRUPA

DEVI NAGAR,PANJALA

POST: KINYA – 575 023

MANGALURU TALUK

DAKSHINA KANNADA.

... RESPONDENTS

(BY SRI.SREEDHAR N.HEGDE, HCGP FOR R-1 & R-2;

SRI.M.VISHWAJITH RAI & SRI.K.N.JAYAPRAKASH,

ADVOCATE FOR R-3 & R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 & 2

TO RECOGNIZE THE PETITIONER AS A PRADHANA ARCHAK OF THE

TEMPLE ON HEREDITARY BASIS ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’

GROUP THROUGH VIDEO CONFERENCING/ PHYSICAL HEARING

(OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

In the instant petition, petitioner has prayed for the

following relief:

(i)

Directing the respondent Nos.1 and 2 to

recognize the petitioner as a Pradhana Archak of the

temple on hereditary basis.

(ii)

Forebear

the

respondent

No.4

from

performing pooja in the temple as an Pradhana Archak.

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(iii)

Quash the endorsement dated 1.2.2015 in

DVS.EST.(2).CR.38/2014-15/138718/F1 issued by the

respondent No.1 (Annexure-F)

(iv)

Grant such other reliefs as this Hon’ble Court

deems fit to grant.

2.

The impugned endorsement dated 01.02.2015 is

continuation of Pradhana Archak to Sri. Durga Parameshwari

Temple, Talapadi, Devipura, Mangaluru Taluk, D.K.District, is

taken note of that Ganesh Bhat was continued as Pradhana

Archak with a rider that he has to obtain necessary qualification

prescribed for the post of Archaka. For acquisition of

qualification, time limit has been stipulated as 5 years appointing

him as Pradhana Archak on regular basis.

3.

Learned

counsel

for

petitioner

submitted

that

petitioner is not aware ‘whether Sri. Ganesh Bhat-respondent

No.4 has acquired the requisite qualification prescribed to hold

the post of Pradhana Archak in the aforesaid temple or not?’

4.

Prima facie, the present petition does not survive for

consideration in view of the fact that Sri. Ganesh Bhat-

respondent No.4 was asked to continue for a period of five years

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with effect from 01.02.2015 and in the event of acquisition of

required qualification prescribed for the post of Pradhana Archak,

then his service would be made permanent.

5.

Learned counsel for respondent No.4 on instruction

submitted that he has acquired requisite qualification to hold the

post of Pradhana Archak and it is submitted to the Deputy

Commissioner, D.K. District, Mangaluru.

6. The Deputy Commissioner, D.K.District, Mangaluru is

hereby

directed

to

furnish

details

about

acquisition

of

qualification by respondent No.4 to the petitioner along with a

copy of the order, if any, giving permanent status to respondent

No.4 so as to enable the petitioner to question the same before

the competent forum. The aforesaid material information be

furnished to petitoner within a period of four weeks from today.

Accordingly, writ petition stands disposed of.

Sd/-

JUDGE

pgg