High Court of Karnataka disposed a writ petition seeking quashing of a recommendation recommending de-notification of a Daivasthana. Court observed statutory remedy exists but directed hearing of stakeholders before final order, dissolved interim stay, and disposed petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:45527 WP No. 8898 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 8898 OF 2023 (GM-R/C)
BETWEEN:
SRI LOKANATH POOJARY B S/O LATE BABU POOJARY, AGED ABOUT 63 YEARS, R/AT BENKIYA HOSUE, SAJIPA MOODA VILLAGE AND POST, BANTWAL TALUK, D. K DISTRICT-574 231, NOTE:- SENIOR CITIZEN BENEFITS NOT CLAIMED.
…PETITIONER
(BY SRI. PRASANNA V R., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
REP BY ITS SECRETARY, DEPT. OF MUZARAI, VIDHANA SOUDHA, BENGALURU - 560 001.
NC: 2023:KHC:45527 WP No. 8898 of 2023
D K DISTRICT, MANGALORE-575001.
…RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4; SRI. ARUN SHYAM, SENIOR ADV. ALONG WITH SRI. SUYOG HERELE, ADV. FOR R5 AND R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.02.2023 IN NO.DVS.MSC.CR.58/2023/225282/F3 PASSED BY THE R3 DEPUTY COMMISSIONER, VIDE ANNEXURE-A; QUASH THE REPORT DATED 16.11.2022 IN PROCEEDING NO.DVS.MSC.CR.208/2021/164066/F3 RECOMMENDING DE-NOTIFICATION OF THE R5 DAIVASTHAN FROM THE LIST OF NOTIFIED INSTITUTIONS ISSUED BY THE R3 DEPUTY COMMISSIONER,VIDE ANNX-B; DIRECTING THE R1 TO 3 TO CONTINUE THE R5 DAIVASTHANA AS A NOTIFIED INSTITUTION UNDER THE PROVISIONS OF KARNATKA HRI AND CE ACT,1997, AS AMENDED ,BY CONSIDERING THE REPRESENTATION DTD 07.10.2021 SUBMITTED BY THE PETITIONER VIDE ANNX-C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:45527 WP No. 8898 of 2023
ORDER
The petitioner is before this Court seeking the following
prayer:
" PRAYER
Wherefore, it is prayed that this Hon'ble Court may be pleased to:-
(i) Issue a Writ of Certiorari, quashing the Order dated 22.02.2023 in No.DVS.MSC.CR.58/2023/225282/F3 passed by the 3rd Respondent Deputy Commissioner, vide Annexure-A ,
(ii) Issue a Writ of Certiorari, quashing the Report dated 16.11.2022 in proceeding No.DVS.MSC.CR.208/2021/164066/ F3 recommending de-notification of the 5th Respondent Daivasthana from the List of Notified Institutions issued by the 3rd Respondent Deputy Commissioner, vide Annexure-B ,
(iii) Issue a Writ of Mandamus, directing the Respondent No.1 to 3 to continue the 5th Respondent Daivasthana as a Notified Institution under the provisions of Karnataka HRI & CE Act, 1997, as amended, by considering the Representation dated 07.10.2021 submitted by the Petitioner vide Annexure-C .
(iv) Issue any other writ or direction to meet the ends of justice."
2. This Court had granted an interim order of stay as
was prayed for, in the petition.
NC: 2023:KHC:45527 WP No. 8898 of 2023
representing respondent Nos.5 and 6 would submit that the petition is premature, as the communication that is called in question is only in the nature of a recommendation to the Commissioner from the hands of the Deputy Commissioner and therefore, it would be open for the petitioner to approach the Appellate Authority under Section 63A(2) of the Hindu Religious Institutions and Charitable Endownments Act, 1997, where a statutory remedy of appeal is provided against any order that would be passed by the Zilla Dharmika Parishat.
stake holders that could be effected by any action on the recommendation shall be heard.
action of hearing of all the stake holders would be undertaken before any order would be passed based on the impugned recommendation.
petition on the aforesaid observations. The petition is disposed with the aforesaid observations.
In view of the disposal of the main petition, the interim
order subsisting as on date, shall stand dissolved.
Sd/JUDGE
KG
List No.: 1 Sl No.: 25
2 issues framed by the court
Whether to grant interim stay to petitioner's writ petition seeking quashing of de-notification recommendation.
Whether the recommendation by Deputy Commissioner requires exclusion of affected stakeholders before finalization.
2 provisions across 2 enactments
Sri Lokanath Poojary B S/o Late Babu Poojary
The State of Karnataka
The Commissioner Dept. of Hindu Religious Institutions and Charitable Endowments
The Deputy Commissioner Dept. of Hindu Religious Institutions and Charitable Endowments, D.K. District
The Assistant Commissioner Dept. of Hindu Religious Institutions and Charitable Endowments
Shri Nadubailu Daivasthana
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
