Dismissed

K Shiva Keshava Asranna v. the State of Karnataka

Karnataka HC3 Apr 2013WP/2496/2013

Case brief

AI extract

What is this about?

Petitioner challenged a notification constituting a new temple committee via writ petition. Court held it requires factual adjudication and noted adequate alternative remedy under Section 63A of K.H.R.I. Act, 1997, declaring W.P. inapt. Petition dismissed reserving liberty to appeal.

What did the court decide?

Writ petition dismissed reserving liberty to file an appeal. All contentions on merit kept open. No costs.

K Shiva Keshava Asranna Vs the State of… — Pension and Retirement Benefits | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 03RD DAY OF APRIL, 2013

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BEFORE

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THE HON’BLE MR.JUSTICE S.ABDUL NAZEER

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WRIT PETITION No.2496 of 2013 (GM-R/C)

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BETWEEN:

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K SHIVA KESHAVA ASRANNA S/O K SHYAMA ASRANNA AGED ABOUT 52 YEARS R/A KUDVA HOUSE KUTHKUNJA VILLAGE AND POST SULLIA TALUK, DK DISTRICT 575001

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… PETITIONER

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(BY SRI KRISHNA MOORTHY D , ADV.,)

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AND

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1 THE STATE OF KARNATAKA DEPARTMENT O MUJARAI REPESENTED BY ITS SECRETARY M S BUILDING BANGALORE-560001

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2 THE COMMISSIONER HINDHU RELIGIOUS AND CHARITABLE ENDOWMENTS CHAMARAJPET, BANGALORE-560001

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3 THE DEPUTY COMMISSIONER HINDHU RELIGIOUS AND CHARITABLE ENDOWMENTS MANGALORE, D K DISTRICT-575001

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4 SRI PARIVARA PANCHALINGESHWARA TEMPLE PANJA SULLIA TALUK, DK DISTRICT REP BY ITS MANAGING TRUSTEE 575001

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5 JILLA DHARMIKA PARISHATH, D.K., MANGALORE.

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… RESPONDENTS

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(BY SRI.R.B.SATHYANARAYANA SINGH, HCGP FOR R1 TO R4 SRI B.S. SACHIN, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 17.10.2012 ISSUED BY THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS VIDE ANNEXURE-D.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:

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O R D E R

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Learned counsel for the petitioner seeks permission of this Court to implead Jilla Dharmika Parishath, Mangalore, Dakshina Kannada District as respondent No.5. Permission is granted. He may amend the cause title accordingly. Learned HCGP is directed to take notice for R1 to R4. Sri.B.S.Sachin, learned Advocate is directed to take notice for R5.

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In this case, the petitioner has called in question the validly of the order at Annexure-D dated 04.02.2013 whereby the 5^th respondenthas constituted a new Committee for managing the affairs of Parivara Panchalingeshwara temple, Sulya Taluk, Dakshina Kannada District -

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respondent No.4 herein. The order is appealable under sub-section (2) of Section 63A of Karnataka Hindu Religious Institutions & Charitable Endowments Act, 1997 & Rules, 2002. The matter requires factual adjudication. The alternative remedy available to the petitioner is not only adequate but also efficacious in nature. Therefore, I decline to entertain this writ petition. It is accordingly dismissed reserving liberty to file an appeal as above. All contentions on merit are kept open. No costs.

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Sd/- JUDGE

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K Shiva Keshava Asranna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

K Shiva Keshava Asranna v. the State of Karnataka

Case brief

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What did the court decide?

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