Disposed

Sri Lakshmeesha Bhat v. State of Karnataka

Karnataka HC9 Oct 2023WP/4362/2020

Case brief

AI extract

What is this about?

The petitioner filed a writ of mandamus to implement a 1957 order closing an unauthorized doorway in a temple. The court noted a recent order by the Commissioner directing the closure of the same entry. Consequently, the court disposed of the petition keeping questions open and directed respondents to comply with the Commissioner's order within one month.

What did the court decide?

Respondents Nos.1 to 5 directed to comply with the Commissioner's order dated 05.10.2023 within one month. All questions raised by the petitioner kept open.

Sri Lakshmeesha Bhat Vs State of Karnataka — Landlord and Tenant | Karnataka HC (2023)

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1 - NC: 2023:KHC:36574 WP No. 4362 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 4362 OF 2020 (GM-R/C)

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BETWEEN:

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SRI. LAKSHMEESHA BHATT AGED ABOUT 55 YEARS, S/O LATE GOPALAKRISHNA BHAT, R/A ANANTHAM BANGRABAIL PERDURU VILLAGE, UDUPI TQ AND DISTRICT - 576 124.

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…PETITIONER

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(BY SRI. NATARAJA BALLAL A., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, Digitally signed by MULTISTORIED BUILDING, SUMA DR. AMBEDKAR VEEDHI, Location: HIGH BANGALORE - 560 001 COURT OF REPRESENTED BY ITS SECRETARY. KARNATAKA

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THE COMMISSIONER, HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, 1ST MAIN ROAD, MINTO-ANJANEYA BHAVAN, CHAMARAJPETE BANGALORE - 560 018.

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2 - NC: 2023:KHC:36574 WP No. 4362 of 2020

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DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATADRI

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DEPUTY COMMISSIONER'S OFFICE MANIPAL, UDUPI - 576 104.

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THE ASSISTANT COMMISSIONER UDUPI SUB-DIVISION, UDUPI CITY UDUPI DISTRICT - 576 104.

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THE EXECUTIVE OFFICER SHREE ANANTHA PADMANABHA TEMPLE PERUDUR VILLAGE,

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UDUPI TQ AND DISTRICT-576 124.

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THE EXECUTIVE COMMITTEE SHREE ANANTHA PADMANABHA TEMPLE PERUDUR VILLAGE,

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UDUPI TQ AND DISTRICT- 576 124 REP BY ITS PRESIDENT.

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SRI KRISHNA ADIGA FATHER'S NAME NOT KNOWN, AGED ABOUT 72 YEARS.

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SRI HARISH ADIGA S/O. KRISHNA ADIGA AGED ABOUT 42 YEARS.

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RAJARAM ADIGA S/O KRISHNA ADIGA AGED ABOUT 46 YEARS.

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GIRISH ADIGA S/O KRISHNA ADIGA, AGED ABOUT 45 YEARS.

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3 - NC: 2023:KHC:36574 WP No. 4362 of 2020

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RESPONDENT NOS.7 TO 10 ARE

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RESIDING NEAR SRI PERADUR MAHATHOBHARA SHREE ANANTH PADMANABHA TEMPLE, PERADUR VILLAGE, UDUPI TALUK AND DISTRICT - 576 124.

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…RESPONDENTS

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(BY SRI. RAHUL CARIAPPA, AGA FOR R1 TO R4, SRI. CHANDRASHEKAR, ADVOCATE FOR R7 TO R10 R5 AND R6-SERVED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-ISSUE A WRIT OF MANDAMUS TO THE R-1 TO 6 TO IMPLEMENT THE ORDER DATED 31.10.1957 ANNEXURE-A FORTHWITH BY CLOSING THE DOOR IN THE SOUTH WEST WALL OF THE TEMPLE AND REPORT COMPLIANCE.

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

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ORDER

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The petitioner has sought for a writ in the nature of mandamus to implement the order dated 31.10.1957 passed by the Deputy Commissioner for Hindu Religious and Charitable Endowments, by which, he requested the Executive Officer of Perdoor, Shree Anantha Padmanabha Temple to close the unauthorized doorway near Hebbagllu. When the petition was listed for admission, learned Additional Government Advocate has placed on record a letter dated 05.10.2023 addressed by the Commissioner, Hindu Religious Institutions and Charitable Endowments Department, to the Deputy Commissioner of

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NC: 2023:KHC:36574 WP No. 4362 of 2020

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Udupi District and the Chief Executive Officer of Shree Anantha Padmanabha Temple, Perdoor Village, Udupi Taluk, to close down the door that was opened by respondent Nos.7 to 10. He therefore submits that this writ petition would not survive for consideration.

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Learned counsel for the petitioner submits that, in view of this order, nothing survives for consideration in this writ petition.

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In that view of the matter, this petition is disposed off , keeping open all questions raised by the petitioner. The *respondent Nos.1 to 5 are directed to comply the order dated 05.10.2023 issued by the Commissioner, Hindu Religious Institutions and Charitable Endowments Department, within a period of one month from the date of receipt of a copy of this order.

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Sd/JUDGE

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List No.: 1 Sl No.: 11

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*Corrected vide Court Order dated 06.12.2023.

Sri Lakshmeesha Bhat v. State of Karnataka

Case brief

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Sri Lakshmeesha Bhat v. State of Karnataka

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