Allowed

Sri Patel Ayyanna v. the Commissioner for Religious and Charitable

Karnataka HC22 Jun 2012WA/1982/2010

Case brief

AI extract

What is this about?

Two writ appeals regarding the management of twin temples. The High Court allowed the appeals, directing the formation of a new single Managing Committee for both temples inclusive of residents from both villages, affirming their historical status as a single unit.

What did the court decide?

Direction to form a new single Managing Committee for both temples including residents of Sasalu and Yaladahalli villages as members.

Sri Patel Ayyanna Vs the Commissioner… — Constitutional and Fundamental Rights | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 22ND DAY OF JUNE 2012

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PRESENT

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THE HON'BLE MR. JUSTICE K.L.MANJUNATH

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AND

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THE HON'BLE MR. JUSTICE V.SURI APPA RAO

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W.A. No.1982/2010

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C/w

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W.A. No. 1984/2010 (GM-R/C)

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BETWEEN :

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1 SRI PATEL AYYANNA S/O LATE CHANNAMALLEGOWDA MAJOR

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R/O YALADAHALLI VILLAGE KIKKERI HOBLI, K R PET TALUK, MANDYA DISTRICT.

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2 SRI S VEERAPPA S/O SIDDALINGAIAH MAJOR

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R/O YALADAHALLI VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA DISTRICT.

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3 SRI KRISHNEGOWDA S/O LATE NINGEGOWDA MAJOR R/O YALADAHALLI VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA DISTRICT.

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4 SRI SANNARAJU S/O SANNEGOWDA MAJOR

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R/O AYYANURAHALLI VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA DISTRICT.

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5 SRI RANGASWAMY S/O LATE NINGEGOWDA MAJOR R/O AYYANURAHALLI VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA DISTRICT.

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6 SRI CHANDREGOWDA S/O LATE KARIYAPPA MAJOR R/O AYYANURAHALLI VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA ...APPELLANTS (COMMON IN BOTH THE WRIT APPEALS)

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( By Sri. K V NARASIMHAN, ADV.)

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AND :

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1 THE COMMISSIONER FOR RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA MALEMAHADESHWARA BHAVANA A V ROAD, BANGALORE

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2 THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA.

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3 TAHSILDAR KRISHNARAJAPET TALUK, MANDYA DISTRICT.

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4 SRI SOMASHEKAR S/O LATE MADAPPA MAJOR R/O SASALU VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA DISTRICT

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5 SRI S VIJAYAKUMAR S/O SHIVANANJAPPA MAJOR R/O SASALU VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA DISTRICT.

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6 SRI MANJUNATH S/O SHANKARAIAH MAJOR R/O SASALU VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA DISTRICT.

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7 SRI S P NAGESH S/O PUTTAPPA MAJOR R/O SASALU VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA DISTRCT. ...RESPONDENTS

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(COMMON IN BOTH THE WRIT APPEALS)

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( By Sri. M. KESHAVA REDDY, AGA FOR R-1 TO R-3, SRI. M. SHIVAPPA, SENIOR COUNSEL FOR R-4 TO R-7)

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These Writ Appeals are filed under Section 4 of the Karnataka High Courts Act, prays that this Hon'ble Court be pleased to set aside the common order dated 24.02.2010 passed by the learned Single Judge of this Hon'ble Court in W.P. No.104/2007 and 18960/2007 and also the order at Annexure 'E' to the writ petition dated 16.12.2005 passed by the Karnataka Appellate Tribunal, Bangalore in Appeal No. 506/2003.

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These writ appeals coming on for Orders this day, K.L.MANJUNATH. J., delivered the following :

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JUDGMENT

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Heard Mr. K.V. Narasimhan, learned Counsel appearing for the

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appellants and the Additional Government Advocate for respondent

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Nos.1 to 3 and Mr. M. Shivappa, learned Senior Counsel for respondent Nos.4 to 7.

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The short question that arises in these appeals is whether the learned Single Judge has committed an error in quashing the Notification dated 30.04.2003 as per Annexure 'A' in W.P. No. 18960/2007 and W.P. No. 104/2007 ?

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There are twin temples situated known as Sri Shambulingeshwara Swamy Temple and Sri Someshwara Swamy Temple in Sasalu and Yaladahalli Villages of K.R. Pet Taluk, Mandya District. There are lakhs of devotees to these temples. Sasalu and Yaladahalli Villages are situated within a distance of one kilometer. Both the temples are situated within a distance of half kilometers. From the beginning, both the temples are considered to be twin temples and they are managed by Muzarai Department as Muzarai Temples and a single committee was constituted for management of both the temples. Subsequently, two separate Managing Committees are formed for two different temples. Aggrieved by the same, the residents of Sasalu Village filed the writ petition.

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The learned Single Judge allowed the writ petition and quashed the notification dated 30.04.2003 stating that there shall be one

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Committee for the management of both the temples and liberty is granted to include the residents of both the villages as members of the committee to manage both the temples. The order of the learned Single Judge is called in question in these appeals.

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After hearing the learned Counsel appearing for both the

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parties, we are of the view that the learned Single Judge has not committed any error in quashing the notification dated 30.04.2003 because, from the time immemorial both the temples are considered to be Muzarai temples under the management of one Managing Committee. Though both the temples are situated in two different villages as both the temples are adjoining to each other and considering the past history of these two temples, there cannot be two managements, one for the temple situated in Yaladahalli village and another for the temple situated in Sasalu village, as the devotees never differentiated between the two temples considering that these two temples are separated and the history of these two temples reveal that both the temples are twin temples of Sasalu Village and the Government has recognized one management. Therefore, at this juncture, it is improper for the Government to differentiate the temples and declare that the temple situated at Yaladahalli as a separate one and constitute a separate

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Managing Committee.

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It is also not in dispute that both the villagers are participating in all offerings of the temple. Therefore, it is desirable in the interest of villagers and the temples that if the residents of both the villagers are made as Members of the committee (Zilla Dharmika Parishat) as per Section 21 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997.

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Accordingly, these appeals are disposed of. A direction is issued that the Committee who has to constitute the members of the temples shall form new Managing Committee to manage both the temples. While appointing the members of the Committee the authorities concerned shall see that the residents of both the villages namely., Sasalu and Yaladahalli are made as members of the Managing Committee.

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With the above direction, these appeals are disposed of.

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Sd/JUDGE.

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Sd/JUDGE.

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Rbv

Sri Patel Ayyanna v. the Commissioner for Religious and Charitable

Case brief

What is this about?

What did the court decide?

Sri Patel Ayyanna v. the Commissioner for Religious and Charitable

Case brief

What is this about?

What did the court decide?

What the court decided

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