Lalaji R Mendon Vs the Commissioner for Hindu Religious

DR. K. VIDVADHARA SHETTY S/O JAYASHEELA SHETTY AGED ABOUT 50 YEARS NO.5-253, A-15, 303 SPATIKA APARTMENT V.P NAGAR, 2^ND MAIN ROAD, 4^TH CROSS, KANJIBETTU UDUPI DISTRICT - 576 124.

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SUDHAKAR SHETTY S/O SEENA SHETTY AGED ABOUT 65 YEARS NO. 10-3, SAI SHAW, NAYAMPALLI ROAD, SANTHEKATTE, SHIVALLI UDUPI DISTRICT - 576 124.

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SURESH SHERIGAR AGED ABOUT 45 YEARS S/O LAKSHMAN SHERIEGAR NO.2-1, YEDMADYA PERDOOR VILLAGE UDUPI TALUK UDUPI DISTRICT - 576 124.

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DEVU POOJARY S/O ITHU POOJARY AGED ABOUT 50 YEARS NO.9-91A, GEETHA NILAYA BAJE ROAD, KAIRU MANE PERDOOR, UDUPI DISTRICT - 576 124.

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SHAMBHU SHANKAR SHETTY AGED ABOUT 69 YEARS S/O THOUDU SHETTY

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NO.2-44, MATHRUSHREE JOGIBETTU, PERDOOR UDUPI DISTRICT - 576 124.

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…PETITIONERS

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(BY SRI. ARUNASHYAM B.M. SENIOR COUNSEL A/W SRI. SUYOG HERELE E.,ADVOCATE)

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AND:

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THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, CHAMARAJPET BENGALURU - 560 019.

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THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS UDUPI DISTRICT - 576 101.

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THE ASSISTANT COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS UDUPI DISTRICT - 576 101.

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THE EXECUTIVE OFFICER SRI ANANTHA PADMANABHA TEMPLE PERDOOR, UDUPI - 576 124.

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PRAMODA RAI S/O SUBBAIAHA RAI AGED ABOUT 63 YEARS PALAJE HOUSE, PALAJE PERDOOR VILLAGE, UDUPI DISTRICT - 576 124.

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RAMDAS NAIK S/O MANJUNATHA NAIK NO.8/40, M BUKKIGUDDE PERDOOR VILLAGE, UDUPI DISTRICT - 576 124.

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LALITHAMBA W/O ANA NARASIMHA DEVADIG S/O KORAGA DEVADIG R/AT PERDOOR VILLAGE UDUPI DISTRICT - 576 124.

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SHANTHA SHETTY C/O RAMESH B. SHETTY NO.1-55, VADDAMESHWARA SAJIVINI NILAYA, PERDOOR POST UDUPI DISTRICT.

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RAJAKUMAR CO. BOMMAIAH SHETTY NO.2-81A, DODDAMANE SHYANARA BETTU, PERDOOR POST UDUPI DISTRICT.

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10. DINESH POOJARI

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C/O LATE HENKURA POOJARI GARADI MANE, ALANGAR PERDOOR POST, UDUPI DISTRICT.

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RAMA KULALA

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C/O GOPAL KULAL NO.1-71/8, DAIVANUGRAHA, PAKKALU PERDOOR POST, UDUPI DISTRICT.

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RANJITH KUMAR

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C/O GANAPATHI PRABHU NO.7/80, SHARADAMBA BUKKIGUDDE, PERDOOR POST UDUPI DISTRICT.

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…RESPONDENTS

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(BY SRI. V.G. BHANU PRAKASH., AAG A/W SMT. B. SUKANYA BALIGA AGA FOR R1 AND R4; SRI. BIPIN HEGDE., ADVOCATE FOR R5 TO R12)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND TO QUASH THE ORDER PASSED BY THE R1

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COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DTD 21.11.2023 IN ORDER NO.HRICE-ADMOADM8/202/2022/E-900419, BENGALURU AS PER ANNEXURE-D

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IN WP NO.19470/2025

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BETWEEN:

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SRI. SURESH SHERIGAR S/O LAKSHMAN SHERIGAR AGED ABOUT 47 YEARS R/AT 2-1, YEDMADYA,

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PERDOOR VILLAGE,

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UDUPI TALUK AND DISTRICT - 576 124.

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SRI. LALAJI MENDON S/O R. D MENDON AGED ABOUT 55 YEARS THE PRESIDENT, SRI. ANNATHAPADMANABHA TEMPLE, DEVELOPMENT COMMITTEE, PERDOOR, UDUPI - 576 124.

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SRI. SURESH NAYAK S/O DEVARAYA NAYAK AGED ABOUT 54 YEARS R/AT NO.3/72,

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BOMMARABETTU VILLAGE, UDUPI TALUK AND DISTRICT - 576 124.

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SRI. MATNAR RATHNAKAR HEGDE S/O NANJAPPA HEGDE AGED ABOUT 44 YEARS R/AT 6-53, NEAR AMM TEMPLE, 76, BADAGABETTU, UDUPI DISTRICT - 576 124.

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SRI. JIYANANDA HEGDE S/O RAJEEV HEGDE AGED ABOUT 68 YEARS

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R/AT SOUMYA NILAYA, HARIKANDIGE, BYRAMPALLI VILLAGE, UDUPI DISTRICT - 576 124.

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SRI. VIDYADHARA SHETTY S/O JAYASHEELA SHETTY AGED ABOUT 52 YEARS R/AT NO.5-253, A-15, 303, SPATIKA APARTMENT, V.P NAGAR, 2^ND MAIN RAOD, 4^TH CROSS, KANJIBETTU, UDUPI DISTRICT - 576 124.

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SRI. SUDHAKAR SHETTY S/O SHEENA SHETTY AGED ABOUT 67 YEARS R/AT NO. 10-38, SAI SHAW, NAYAMPALLI ROAD, SANTHEKATTE, SHIVALLI, UDUPI TALUK - 576 124.

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SRI. DEVU POOJARY S/O ITHU POOJARY AGED ABOUT 52 YEARS R/AT 9-91A, GEETHA NILAYA, BAJE ROAD, KAIRU MANE, PERDOOR, UDUDPI DISTRICT - 576 124.

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SRI. SHAMBU SHANKAR SHETTY S/O THONDU SHETTY AGED ABOUT 71 YEARS R/AT NO.2-44, MATHRUSHREE, JOGIBETTU, PERDOOR, UDUPI-576 124.

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…PETITIONERS

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(BY SRI. ARUNASHYAM B.M. SENIOR COUNSEL A/W SRI. SUYOG HERELE E.,ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER REVENUE DEPARTMENT, DISTRICT MAGISTRATE'S OFFICE, RAJATADRI, UDUPI DISTRICT, MANIPAL, UDUPI - 576 104.

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THE CHIEF EXECUTIVE OFFICER SRI. ANANTHAPADMANABHA TEMPLE, PERDOOR, UDUPI - 576 124.

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THE MANAGEMENT COMMITTEE, SRI. ANANTHAPADMANABHA TEMPLE, PERDOOR, REPRESENTED BY ITS SECRETARY PERDOOR, UDUPI - 576 124.

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…RESPONDENTS

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(BY SRI. V.G. BHANU PRAKASH., AAG A/W SMT. B. SUKANYA BALIGA, AGA FOR R1 AND R2; SRI. BIPIN HEGDE., ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM ISSUED BY THE RESPONDENT NO.1 DATED 22-05-2025 IN DCUDPI9011 (15)/52/2025 E-2025222 DIRECTING TO DEMOLISH THE CERTAIN STRUCTURES OF THE SRI. ANANTHAPADMANABHA TEMPLE, PERDOOR (PRODUCED AT ANNEXURE-A) AND ALL FURTHER PROCEEDINGS PURSUANT THERETO.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARINGIN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioners who claim to have been the members of a Development Committee which was constituted by respondent No.1/Commissioner, vide Order No.HRICEADMOADM8/202/2022/E-900419, dated 04.01.2023 for the purported purpose of development of Sri Anantha Padmanabha Temple, Perdoor, Udupi District are before this Court being aggrieved by the subsequent order passed by the respondent No.1/Commissioner dated 21.11.2023 produced at Annexure-D by which the appointing order dated 04.01.2023 of the said committee has been cancelled.

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Sri. Arun Shyam, learned Senior Counsel appearing for the petitioners taking this Court through the records and also provisions of Rule 40-B of the Karnataka Hindu Religious Institution and Charitable Endowment Rules, 2002 (hereinafter referred to as 'Rules 2002) submits that once a development committee is constituted, it cannot be cancelled or withdrawn till completion of the work assigned. He submits that in instant case the Committee was constituted by Order dated 04.01.2023 at Annexure-A for a period of 3 years. Within just

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10 months of its constitution by impugned order the respondent No.1/Commissioner has cancelled the very constitution of the committee. He submits that neither any reason is assigned nor any opportunity is given to the petitioners before passing the impugned order. Therefore, he submits that order is one without authority, besides being arbitrary, required to be quashed.

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Sri.V.G.Bhanu Prakash, learned Additional Advocate General appearing for the respondent/State justifying the order impugned, submits that the appointment is governed under doctrine of pleasure . Therefore, the petitioners cannot claim to continue for a period of 3 years as a matter of right. He submits that a Managing Committee is in place therefore there was no requirement of having a development committee that too which has done nothing pursuant to the order of its constitution.

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Sri. Bipin Hegde, learned counsel appearing for the Managing Committee on the other hand submits that the period of 3 years has expired effective from 04.01.2026. As such, Annexure-A has worked its life out by afflux of time and the

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petitioners have no locus to maintain the petition. Hence seeks for dismissal of the petition.

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Heard. Perused the records.

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Appointment of a Development Committee is

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traceable to Rule 40-B of the Rules 2002, which reads as under;

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"40-B. Constitution of Development Committee . -(1) In case of institution requiring renovation/repair/reconstruction is in need of donation from the public and Government grant, a Development Committee may be constituted for the purpose of renovation of the institution building.

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(2) The Development Committee shall consist of a President, Secretary and Treasurer and such number of members among the donors/ devotees who are interested in the development of particular institution. The Chairman and three members of the Committee of Management shall be Ex-Officio members of the Renovation Committee and such other members who may be co-opted among the devotees. The Chairman, Committee of Management or the Executive Officer of the institution shall be the Treasurer of the Development Committee. If no Executive Officer is available in the institution and in the absence of the Chairman, Committee of Management, any officer of the department or any other department may be appointed as Treasurer.

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(3) The Development Committee may be constituted by the prescribed authority for a specific period, not exceeding three years. If the work is not completed within the specified period, the prescribed authority may dissolve the Committee and constitute a fresh committee as the circumstances may warrant. However, he may extend the period of the Committee for sufficient reason to be recorded in the order.

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(4) The Secretary and Treasurer may attend to all the correspondence, maintenance of accounts relating to collection and expenditure incurred by the Development Committee.

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(5) The meeting of the Development Committee shall be convened by the Secretary as often as necessary and at least once a month and all the matters pertaining to the renovation work shall be placed in the meeting including the accounts of collection and expenditure incurred.

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(6) The collection of donation shall be made by issuing printed receipts with counterfoils, with serial numbers specifically printed for the purpose. The receipt books shall be in the custody of the Treasurer and he shall issue the receipts by retaining the counterfoil.

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(7) The donation collected shall be deposed in a nationalized bank or any other bank authorised by the Government, in a separate account opened for the purpose in the name of the temple as Development Fund. As and when money is required to be drawn, the Treasurer will draw the same under the joint signature of the Treasurer and Secretary of the Committee supported by a resolution of the Committee.

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(8) The Development Committee shall submit plan and estimate of the proposed work in duplicate with details of specification, technical opinion of the Public Works Department or other Government agency of the works proposed to be undertaken and the resources of meeting such expenses there on to the competent authority.

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(9) The competent authority may accord sanction for the estimate and plan after verifying the proposal as enumerated under Rule 40-A, with such conditions as it may impose.

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(10) The Accounts of the Development Committee shall be maintained by the Secretary and Treasurer of the Committee with receipts and vouchers, measurement book, tender documents, approved plan and estimate, cash books, bank transactions, valuation report and final bills paid and such other records and produce the same for audit purpose.

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(11) The Auditor shall audit the development committee accounts and submit report with his views pointing out any defects in the maintenance of accounts and whether there is any loss caused to the institution due to negligence, lapse, excess payment or misappropriation by the Chairman or the committee members with such other observations.

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(12) On receipt of the audit report, the competent authority shall issue notice to the Chairman, Secretary, Treasurer of the Committee to comply with the observations made in the audit report and make good the loss caused due to their lapses, negligence if any within such time, he may specify. If the loss is not recovered or if any person responsible for the loss fails to comply with the direction, the same may be recovered from the concerned according to the procedure laid down under Section 60 of the Act."

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7. Perusal of the above provision indicate that

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appointment of a Development Committee in addition to a Managing Committee of a temple is for the purpose of meeting the requirement of the institution with regard to renovation, repair, reconstruction. Sub- Rule (3) of Rule 40-B of Rules 2002 indicate if such committee can be appointed for not exceeding 3 years, if the work is not completed within specified period of 3 years, the prescribed authority may dissolve the Committee and constitute fresh committee as the circumstance may warrant. Clearly the purpose of appointment of development committee has to be specifically spelt out in the order constituting such committee. Read in the light of the aforesaid

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requirement of the law, order at Annexure-A falls completely

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short of it. The conditions specified in the order are as under;

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"1. ಸದ�ಸ��ಯನು� ' �ೆಡೂ�ರು ��ೕ ಅನಂತಪದ��ಾಭ�ೇ�ಾಲಯದಅ�ವೃ!" ಸ�� ” ಎಂದು ಕ%ೆಯ&ಾಗುವ(ದು .( ಕ�ಾ�ಟಕ*ಂದೂ +ಾ��ಕಸಂ,ೆ-ಗಳ/ ಮತು1 ಧ3ಾ��ಾಯದ�1ಗಳ4ಯಮಗಳ/ 2002 ರ4ಯಮ 40( 5 ) ರಂ6ೆ ) .

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2. 4ಯಮ 40( 5 )(6) ರಂ6ೆ �ೇ78ೆ ರ9ೕ! ಪ(ಸ1ಕಗಳನು� :ಾಮ8ಾ��ಾರು 4ವ�*ಸತಕ;ದು< , =ಾಗೂ ರ9ೕ! >ೕ&ೆ ?ಾವ :ಾಮ8ಾ�8ೆಂದು ಸ@ಷB�ಾC 6ೋ�ಸತಕ;ದು< =ಾಗೂ 4ಯಮ 40( 5 )(7) ರಂ6ೆ ಸದ� ಎ&ಾD :ಾಮ8ಾ�ಗE8ೆ ವಸೂ&ಾದ �ೇ78ೆಗಳನು� Development Fund ಎಂಬ ಪ�6ೆGೕಕ %ಾHIೕಕೃತ JಾGಂKLಾ6ೆಯMD4ವ�*ಸತಕ;ದು< .

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3. ಸ��ಯವರು ?ಾವ(�ೇ :ಾರಣಕೂ; ಅಂ�ಾಜುಪPBCಂತ=ೆQR8ೆ ವಂ�8ೆಯನು� ಸಂಗ�*ಸJಾರದು.

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4. ಸದ� ಸ��ಯ :ಾಯ�ದ�� ಮತು1 :ೋTಾU:ಾ�ಯವರು ವಂ�8ೆ ವಸೂM =ಾಗೂ ಖQ�8ೆ ಸಂಬಂU9ದಂ6ೆ &ೆಕ; ಪತ�ಗಳನು� 4ವ�*9 , ಅದನು� ಸ=ಾಯಕ 4ಯಂತ�ಕರು , ಸ-Eೕಯ&ೆಕ; ಪ�TೆWೕಧ�ಾರವ�ಂದಪ�TೆWೕಧ�ೆ 3ಾXಸತಕ;ದು< .

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5. ?ಾವ(�ೇ ಅ�ವೃ!":ಾಯ�ಕ�ಮಗE8ೆ ಮುಂQತ�ಾCಸYಮ�ಾ�U:ಾರ!ಂದ 6ಾಂ��ಕ�ಾC ಪ��ೕMಸ&ಾದ ಅಂ�ಾಜುಪPB ಸMD9 , ಸYಮ �ಾ�U:ಾರ!ಂದ ಅಡE6ಾತ�ಕಮಂಜೂ%ಾ�ಪZೆಯತಕ;ದು< .

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6. :ಾಯ�ದ�� ಮತು1 :ೋTಾU:ಾ�ಯವರು ಸ��ಯವರ[\ಾಸದ[ವರವನು� ]ಾವQತ�ಗ\ೆ^ಂ!8ೆ ಪ�6ೆGೕಕವ*ಯMD4ವ�*ಸತಕ;ದು< .?

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7. ಸದ� ಸ��ಯು �ೇ�ಾಲಯದ ವGವ¸ÁÜ¥À£À ಸಮ�8ೆ ಪ_ರಕ�ಾC :ಾಯ�4ವ�*ಸJೇ:ೇ ' =ೊರತು , ?ಾವ(�ೇ :ಾರಣಕೂ; �ೇ�ಾಲಯದ ಆಂತ�ಕ ಆಡEತವGವ=ಾರದMD , ಹಸ1bೇಪ3ಾಡತಕ;ದ<ಲD .

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8. ,ಾವ�ಜ4ಕ�ಂದ ಅಥ�ಾ ಭ:ಾ1UಗEಂದ ಸ��ಯ [ರುದ" ದೂರು ಬಂದMD ಅವ(ಗಳನು� ಪ��ೕM9 , ?ಾವ(�ೇ ಮುನೂeಚ�ೆ 4ೕಡ�ೇ ಸ��ಯನು� ವgಾ 3ಾಡ&ಾಗುವ(ದು .

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9. :ಾಮ8ಾ��ಾರು ಖಚು� �ೆಚRದ [ವರಗಳ 3ಾ*�ಯನು� ಪ�6ೆGೕಕ ವ*ಗಳMD 4ವ�*ಸತಕ;ದು<" .

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Except authority to collect development fund,

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nothing is specified as to the purpose for which the said development committee is constituted. There is no justification for constituting such committee in the light of the provision provided thereunder, namely, in the absence of any specific requirement of renovation, repair, reconstruction of any structure of the temple. The very appointment therefore cannot be sustained. Nonetheless the appointment was only for a period of 3 years which has worked itself out, though during the pendency of the writ petition. Under these circumstances this Court deems it appropriate to dispose of the writ petition directing the respondent/ State to look into the matter afresh and, if required, constitute development committee, strictly as contemplated under Rule 40-B of Rules 2002 as noted above, specifying the purpose for which such committee is required to be constituted. In such an event it may also consider the representation of the petitioners, if submitted.

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