Petitioner challenged a notice issued by Assistant Commissioner under the Karnataka Hindu Religious Institutions and Charitable Endowments Act. Court held the Act does not apply to Mutt and quashed the notice.
Certiorari issued to quash the notice dated 19.11.2014. Liberty reserved to State to initiate action under a specified statute.
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.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 112863 OF 2014 (GM-RES)
BETWEEN:
VIRAKTHMATH @ GADIGESHWARMATH SADASHIVPETH, TALUKA: SHIGGAON, DISTRICT: HAVERI, REPRESENTED BY ITS MATHADIPATI, SRI. MALLIKARJUNA DEVARU, AGED AROUND 56, OCC: RELIGIOUS WORKS, SADASHIVPETH, TALUKA: SHIGGAON, DISTRICT: HAVERI
…PETITIONER
(BY SRI. DAYANAND M. BANDI, ADVOCATE)
AND:
YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR
…RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE NOTICE No:Mujaraai/Vahi-06/2014-15 DATED 19.11.2014 ISSUED BY THE 3RD RESPONDENT ASSISTANT COMMISSIONER SAVANUR VIDE ANNEXURE-F TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Institutions and Charitable Endowments Act, 1997 (for short “the Act”) and as such, the Assistant Commissioner would not have any power or authority to issue any notice or conduct inquiry.
ORDER
Annexure-F is hereby quashed. Liberty, however, is reserved to the State to initiate such actions as may be permissible under
law by categorically indicating the statute under which an action is initiated.
of accordingly.
Sd/JUDGE
YAN, List No.: 1 Sl No.: 2
2 issues framed by the court
Whether the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 applies to a Mutt.
Whether the Assistant Commissioner had jurisdiction to issue a notice for inquiry against a Mutt.
2 provisions across 2 enactments
VIRAKTHMATH @ GADIGESHWARMATH SADASHIVPETH
THE STATE OF KARNATAKA
THE DEPUTY COMMISSIONER
THE ASSISTANT COMMISSIONER
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
