Disposed

Keshavamurthy K.S v. the Commissioner

Karnataka HC17 Sept 2013WP/33081/2013

Case brief

AI extract

What is this about?

Petitioners filed a writ petition under Articles 226 and 227 of the Constitution seeking directions to the Commissioner regarding a temple, removal of an archaka, and transfer of assets. The Court, on preliminary hearing, held notice to certain respondents unnecessary and disposed of the petition, permitting filing of an additional representation within three weeks with a specific timeline for the

What did the court decide?

Petition disposed; petitioners permitted to file one more copy of representation within three weeks; Respondent No. 1 to verify and intimate result within two months.

Keshavamurthy K.S Vs the Commissioner — 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 17^TH DAY OF SEPTEMBER 2013

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BEFORE

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THE HON’BLE MR. JUSTICE A S BOPANNA

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WRIT PETITION No.33081/2013 (GM-R/C)

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BETWEEN:

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KESHAVAMURTHY K.S S/O LATE SRIPATHAIAH AGED ABOUT 45 YEARS

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KENCHAPPA B S/O LATE BASAVAIAH AGED ABOUT 48 YEARS

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K G GOPAL S/O LATE GANAGAIAH AGED ABOUT 50 YEARS

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GANGADHAR S/O LATE C NAGARAJ AGED ABOUT 45 YEARS

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THIMMEGOWDA S/O LATE NARASIMHAIAH AGED ABOUT 62 YEARS

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SHIVANNA S/O LATE CHIKKAMARAIAH AGED ABOUT 60 YEARS

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GANGARAJU S/O LATE C HONNAPPA AGED ABOUT 55 YEARS

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M BYRAIAH S/O LATE MUTHAIAH AGED ABOUT 55 YEARS

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V SURESH S/O B VENKATAPPA AGED ABOUT 35 YEARS

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RAMACHANDRA S/O MARAARASAIAH AGED ABOUT 50 YEARS

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ALL ARE RESIDING AT KAMMASANDRA VILLAGE LAKSHMIPURA POST DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE URBAN DISTRICT-561 123 ... PETITIONERS

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(BY SRI R L N MURTHY, ADV.)

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AND:

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THE COMMISSIONER KARNATAKA STATE HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT MALE MAHADESHWARA BHAVANA, A V ROAD CHAMARAJAPETE BANGALORE-560018

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THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE -560 018

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THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION KANDAYA BHAVANA BANGALORE-560001

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THE THASILDAR BANGALORE NORTH TALUK BANGALORE URBAN DISTRICT BANGALORE-560 002

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GANGAHONNAPPA S/O C HONNAPPA AGED ABOUT 63 YEARS

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GANGAMMA W/O GANAGAHONNAPPA AGED ABOUT 57 YEARS

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K G VASANTHKUMAR S/O GANAGAHONNAPPA AGED ABOUT 40 YEARS

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K G RAGHAVENDRA S/O GANAGAHONNAPPA AGED ABOUT 38 YEARS

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ALL THE ABOVE R5 TO R8 R/AT KAMMASANDRA VILLAGE LAKSHMIPURA POST DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE URBAN DISTRICT-561 123

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A M SURYAPRAKASH S/O LATE MUNISWAMY AGED ABOUT 63 YEARS R/AT NO. 15, 15TH MAIN ROAD SRIRAMPURAM BANGALORE-560021

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C HANUMATHAPPA S/O CHIKKAHANUMANTHAIAH AGED ABOUT 41 YEARS R/AT SIDDAYANA PALYA VILLAGE BYLAKERE POST MAGADI TALUK RAMANAGARA DISTRICT-571511

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H VARUN KUMAR S/O LATE HONNAPPA AGED ABOUT 48 YEARS

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H VASUNDARA KUMAR S/O LATE HONNAPPA AGED ABOUT 41 YEARS

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BOTH R/ NO. 4, 17TH CROSS CUBBONPETE BANGALORE-560053

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... RESPONDENTS

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(BY SRI E S INDIRESH, HCGP. R1-4 NOTICE TO R5-12 IS UNNECESSARY)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS VIDE ANNEXURE-E DATED 12.1.2012; DIRECT THE RESPONDENT NO.1 TO REMVOE THE RESPONDENT NO.5 FROM THE POST OF ARCHAKA AND TO TAKE OVER THE ASSETS BELONGING TO THE TEMPLE, WHICH ARE IN THE ILLEAL CUSTODY OF THE RESPONDENT NO.5 & DIRECT THE RESPONDENT NO.1-4 TO TAKE OVER THE TEMPLE TO THE GOVERNMENT.

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

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O R D E R

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Learned Government Advocate to accept notice for respondents No. 1 and 4. He is permitted to file memo of appearance in four weeks. Considering the nature of disposal, notice to respondents No. 5 to 12 is unnecessary.

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The petitioners contend that the temple of the Deity Honnadevi situate in Kammasandra Village is a public temple constructed in the land belonging to the village in Khaneshumari No.60/1 of Kammasandra village. It is with regard to the said temple, the petitioners have certain grievance and in that regard, the petitioners are said to have made a representation as at Annexure-‘E’ seeking certain particulars and action from respondent No.1. Since no action has been taken, the petitioners are before this Court.

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Learned Government Advocate would point out from the material placed along with the writ petition that it cannot be assumed that the temple is a Muzrai Temple nor as to whether it has been notified under the Act. However, it is submitted that the request made in Annexure-E would be examined and the fact situation would be notified to the petitioners.

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In that view of the matter, the petition stands disposed of, permitting the petitioners to file one more copy of the representation along with the supporting documents if any, with respondent No.1 who shall verify the averments made in the representation and intimate the result of consideration to the petitioners. The representation shall now be filed by the petitioners within three weeks from the date of receipt of a copy of this order. The reply to the same shall be made to the petitioners as expeditiously as possible, but not later than two months thereafter.

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The petition stands disposed of in the above terms.

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JUDGE

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hrp/bms

Keshavamurthy K.S v. the Commissioner

Case brief

What is this about?

What did the court decide?

Keshavamurthy K.S v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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