Petitioner claiming to be Tantri of a temple sought continuation in that office until removed by due process. The court found no material showing his appointment or removal by the authorities under the 1997 Act and no basis to grant mandamus, while reserving liberty to establish his right before a civil court.
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NC: 2026:KHC:3073 WP No. 50296 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 50296 OF 2019 (GM-R/C)
BETWEEN:
NAGESH TANTRI AGED ABOUT 63 YEARS, S/O. LATE KESHAVA TANTRI, KEMMINJE VILLAGE, DARBE POST, PUTTUR TALUK, D.K-574 201.
…PETITIONER
(BY SRI. SANATH KUMAR A .,ADVOCATE) AND:
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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…RESPONDENTS
(BY SMT. B. SUKANYA BALIGA., AGA FOR R1 & R5; SRI. A KESHAVA BHAT.,ADVOCATE FOR R3; R2 AND R4 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO CONTINUE THE SERVICES OF THE PETITIONER AS TANTRY UNTIL THE PETITIONER IS REMOVED AFTER FOLLOWING DUE PROCESS OF LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner who claims to be a Tantri of Sree Subramanya
Devastana, Sarve Village, Puttur Taluk, Dakshina Kannada
District, is before this Court seeking following reliefs;
"(i) Issue writ of mandamus directing the respondents No.1 to 3 to continue the services of the petitioner as Tantry untill the petitioner is removed after following due process of law.
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ii) To pass any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice and equity.
"(3) An Agamika or Tanthri, wherever appointed to perform poojas in a temple on special occasions shall continue to perform such functions as the Committee of Management may specify and shall be governed by such conditions of services as may be prescribed."
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Act, 1997, which provides for misconduct and penalty.
that in any event, if any action is contemplated resulting in removal or imposition of penalty, such persons shall be given an opportunity of being heard. Thus, he submits that petitioner has not been afforded any opportunity of being heard in this matter.
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himself to be the Tantri and in the absence of any material brought on record with regard to his appointment or removal, by the authorities, this Court finds no reason to grant the relief as sought for.
that liberty be reserved to the petitioner to establish his right under general law before a competent Court of Civil Jurisdiction. As requested, petitioner is at liberty to seek such relief as may be available and permissible under law, if so advised.
With the above observation, petition is disposed of .
Sd/(M.G.S. KAMAL) JUDGE
RU, List No.: 1 Sl No.: 22
1 issue framed by the court
Whether a writ of mandamus could issue directing respondents to continue the petitioner as Tantri absent any material showing his appointment or removal by statutory authorities.
4 provisions across 2 enactments
Nagesh Tantri
Commissioner for Hindu Religious and Charitable Endowments Department
Sri Subraya Devastana, Sarve Village
The Committee of Management Sri Subraya Devasthana
Subrahmanya Ballakkaraya
Assistant Commissioner Hindu Religious and Charitable Endowments
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
