Disposed

U. Vishweshwara Hegde v. the Principal Secretary

Karnataka HC12 Oct 2023WP/20832/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a Principal Secretary's order remanding a matter for reconsideration. The court clarified that the Commissioner already directed adherence to Part Sin Section 9(1) of the Hindu Religious Institutions Act. An order was issued directing the Executive Officer to perform Temple functions only via entitled Archaks.

What did the court decide?

The 2nd respondent-Executive Officer is directed to comply with the Commissioner’s order dated 25.03.2022 and ensure only persons entitled to be appointed under Section 9(1) of the Act perform Archak

U. Vishweshwara Hegde Vs the Principal… — Pension and Retirement Benefits | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:37402 WP No. 20832 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 12^TH DAY OF OCTOBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 20832 OF 2023 (GM-R/C)

¶7

BETWEEN:

¶8

U. VISHWESHWARA HEGDE AGE 79 YEARS, S/O LATE PARAMESHWARA R HEGDE, KOLLUR TEMPLE MUTTA, KOLLUR, KUNDAPURA TALUK, UDUPI DISTRICT - PIN 576220

¶9

…PETITIONER

¶10

(BY SRI. M E NAGESH., ADVOCATE) AND:

¶11

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

¶12

THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU 560001

¶13

THE EXECUTIVE OFFICER SRI MOOKAMBIKA TEMPLE, KOLLUR, KUNDAPURA TALUK, UDUPI DISTRICT - 576220

¶14

THE COMMIETTEE OF MANAGEMENT SRI KOLLURU MOOKAMBIKA TEMPLE, KOLLUR, KUNDAPURA TALUK, UDUPI DISTRICT 576220, BY ITS CHAIRMAN,

¶15

¶16

NC: 2023:KHC:37402 WP No. 20832 of 2023

¶17

COMMITTEE OF MANAGEMENT

¶18

THE COMMISSIONER KARNATAKA HINDU RELIGIOUS, INSTITUTUIONS AND CHARITABLE ENDOWMENTS, CHAMRAJPET

¶19

BENGALURU 560018

¶20

K PRABHAKAR ADIGA

¶21

AGE 74 YEARS, S/O LATE K ANANTHA ADIGA, RESIDENT OF GOPALAKRISHNA TEMPLE ROAD, KOLLUR UDUPI 576220

¶22

K. RAMACHANDRA ADIGA

¶23

1. AGE 33 YEARS

¶24

ARCHAK, KOLLUR VILLAGE

¶25

BYNDOOR TALUK, UDUPI DISTRICT-576220.

¶26

…RESPONDENTS

¶27

(BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R3)

¶28

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDSQUASH THE ORDER PASSED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MS BUILDING, BENGLAURU DTD 10.08.2023 IN NO.RD75MU.DA.PU.2022 AS PER ANNEXURE-L AND ETC.

¶29

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

¶30

ORDER

¶31

R.DEVDAS J., (ORAL)

¶32

The petitioner is aggrieved of the fact that the hereditary rights although granted in favour of the 5^th

¶33

¶34

NC: 2023:KHC:37402 WP No. 20832 of 2023

¶35

respondent’s father and after his demise there being no specific orders passed by the competent authority confirming the hereditary Archakship rights, nevertheless, on a Power of Attorney said to have been given by the 5^th respondent in favour of the 6^th respondent, the 6^th respondent is carrying on the Archakship of Sri.Mookambika Temple, Kolluru. The petitioner gave a representation to the Commissioner to take action. Consequently, the Commissioner passed an order on 25.03.2022 upholding the contentions of the petitioner, while directing the 2^nd respondent-Executive Officer of the temple to take action and ensure that the religious function of the temple are carried on only by a person entitled to do the Archakship in accordance with Section 9 (1) of the Hindu Religious Institutions and Charitable Endowments Act, 1997 (hereinafter referred to as ‘the Act’, for short). However, the 5^th respondent preferred a Revision Petition before the Principal Secretary, Department of Revenue and Muzrai, challenging the orders passed by the Commissioner. The Principal Secretary to

¶36

¶37

NC: 2023:KHC:37402 WP No. 20832 of 2023

¶38

the Government of Karnataka passed the impugned order dated 10.08.2023 remanding the matter back to the Commissioner for reconsideration. The petitioner is before this Court challenging the said order passed by the Principal Secretary to the Government of Karnataka at Annexure-L.

¶39

Learned Additional Government Advocate was

¶40

directed to secure instructions from the respondents, in view of the fact that a Circular dated 25.01.2021 was issued by the Commissioner, Department of Religious Institutions and Charitable Endowments, clearly directing that the Archakships of the muzrai institutions in the State shall be permitted to be conducted only by persons who are eligible and entitled to be appointed to the said posts and such religious functions shall not be permitted to be conducted on the basis of a Power of Attorney given by the persons who have been appointed to the said posts. In that view of the matter, this Court had directed the learned Additional Government Advocate to secure

¶41

¶42

NC: 2023:KHC:37402 WP No. 20832 of 2023

¶43

instructions as to why a Circular issued by the State Government is not being followed in the present case. Learned Additional Government Advocate on instructions submits that the impugned order has been passed by the Principal Secretary to the Government of Karnataka directing the Commissioner to pass orders in accordance with Section 9(1) of the Act, though it is not worded so happily.

¶44

In the considered opinion of this Court, such an order has already been passed by the Commissioner on 25.03.2022 at Annexure-H, directing the Executive Officer to ensure that the Archakships and the religious functions are carried on only by such a person who is entitled to be appointed in terms of Section 9(1) of the Act. That being the position, the petitioner is entitled for the relief sought for namely to direct the Executive Officer to implement the orders passed by the Commissioner and ensure that the Archakship and religious functions in Sri.Mookambika Temple, Kolluru, is conducted by only such person who is

¶45

¶46

NC: 2023:KHC:37402 WP No. 20832 of 2023

¶47

entitled to be appointed in terms of Section 9(1) of the Act.

¶48

Consequently, the writ petition stands disposed of while clarifying the impugned order passed by the Principal Secretary to the Government of Karnataka at Annexure-L dated 10.08.2023. The 2^nd respondentExecutive Officer of Sri.Mookambika Temple, Kolluru, is hereby directed to comply with the directions issued by the Commissioner in the order dated 25.03.2022 at Annexure-H and ensure that only such person who is entitled to be appointed as an Archak under Section 9(1) of the Act shall perform the functions of the Archak at Sri.Mookambika Temple, Kolluru and none-else. The circular dated 25.01.2021 shall be kept in mind and followed.

¶49

Four weeks for compliance of the orders.

¶50

Sd/JUDGE

¶51

DL CT: JL

U. Vishweshwara Hegde v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

U. Vishweshwara Hegde v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V Shivashankarappa Vs the Additional Chief Secretary to

Smt. C. Varalakshmi Vs the Circle Inspector

Smt. Shanthamma Vs the Deputy Commissioner/

Jyothsna Vs Mangalore Refinery and

Sri. S K Prabhakar Vs Mysore Paper Mills Ltd.

Mrs Philomena D Souza Vs Union Bank of India