Disposed

Shri Veerabhadra Dev of Godachi v. the State of Karnataka

Karnataka HC14 Dec 2023WP/107367/2023

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging a notification calling for temple manager applications. The court observed petitioners had not declared themselves as hereditary trustees but allowed them to file necessary representations and applications for recognition.

What did the court decide?

Petitioners allowed to make representation to the Commissioner and file application under Section 20-A(1)(d); State action deferred if petitioners prove hereditary trusteeship.

Shri Veerabhadra Dev of Godachi Vs the… — Pension and Retirement Benefits | Karnataka HC (2023)

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NC: 2023:KHC-D:14689 WP No. 107367 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14^TH DAY OF DECEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 107367 OF 2023 (GM-R/C)

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BETWEEN:

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SHRI VEERABHADRA DEV OF GODACHI REPRESENTED BY ITS TRUSTEES PETITIONER NOS. 1 AND 2

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SHRI SANGRAM S/O. UDAYSINH SHINDE, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. GODACHI-591 114, TAL: RAMDURG, DIST: BELAGAVI.

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SHRI SANJAYSINH S/O. PRATAPSINH SHINDE, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. THORAGAL VILLAGE-591 114, TAL: RAMDURG, DIST: BELAGAVI.

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GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

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…PETITIONERS

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(BY SRI. G.B. NAIK & SMT. P.G. NAIK, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, RELIGIOUS AND CHARITABLE ENDOWMENTS, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.

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NC: 2023:KHC-D:14689 WP No. 107367 of 2023

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THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT, 4^TH FLOOR, SRI. MINTO ANJANEYASWAMYA BHAVAN, ALURU VENKATARAO ROAD, CHAMARAJPET, BENGALURU-560 018.

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…RESPONDENTS

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(BY SRI. GANGADHAR J.M, AAG FOR PRAVEEN UPPAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION NO. ADM8/CR/25/2019-20 DATED 06-11-2023 ISSUED BY THE RESPONDENT NO. 2 AS PER ANNEXURE-G IN RESPECT OF PETITIONER TRUST-SHRI VEERBHADRA DEVASTHAN, GODACHI, TAL: RAMDURG AT SL.NO.26 PRODUCED AT ANNEXURE-G.

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

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3 - NC: 2023:KHC-D:14689 WP No. 107367 of 2023

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ORDER

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Petitioners are a trust and its trustees, who have contended that Shree Veerabhadra Devasthan situated at Godachi, Ramadurga Taluk, is managed by the Hereditary Trustees i.e., the petitioners herein, however, the State has issued the impugned notification dated 06.11.2023 under Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (for short, ‘the Act’), calling for applications from interested persons to manage the said temple. Aggrieved by the same, the present writ petition is filed.

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The learned AGA upon instructions submitted that

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the petitioners have not filed any application before the Rajya Dharmik Prishat and they are at liberty to make necessary representation to the 2^nd respondent pursuant to the impugned notification and show how they are the appropriate persons to be included in the committee to be constituted and they can also prepare an application under Section 25-A before the Rajya Dharmik Parishat and if they are able to prove that they are hereditary trustees, managing the trust, then they will be permitted to do so.

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4 - NC: 2023:KHC-D:14689 WP No. 107367 of 2023

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Admittedly, petitioners have not made any application before the Rajya Dharmik Parishat to declare themselves as hereditary trustees entitled to manage the temple and that no committee of management should be constituted. Under the said circumstances, the action of the government in this regard cannot be interfered with.

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However, keeping in view the contentions raised by the petitioners, interest of justice would be met, if they are allowed to make necessary representation to the 2^nd respondent to not to proceed further or include them in the management committee to be formed for the management of the trust in response to the impugned notification. It would also be appropriate to permit the petitioners to make necessary application under Section 20-A(1)(d) of the Act to the Rajya Dharmik Parishat to recognize their right as per Section 25A of the Act and if the Rajya Dharmik Parishat comes to a conclusion that the petitioners are indeed hereditary trustees as contended by them, then in that event, the action proposed to be initiated by the State in pursuance of the impugned notification herein shall be subject to the same and any

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5 - NC: 2023:KHC-D:14689 WP No. 107367 of 2023

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committee will have to be dissolved and the management shall

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vest with the petitioners.

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The writ petition is disposed off as per the

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observations made hereinabove.

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Sd/JUDGE

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RSH / Ct-mck List No.: 1 Sl No.: 29

Shri Veerabhadra Dev of Godachi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Veerabhadra Dev of Godachi v. the State of Karnataka

Case brief

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What did the court decide?

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