In the High Court of Karnataka at Bangalore

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In the High Court of Karnataka at Bangalore - 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26 th DAY OF SEPTEMBER, 2012 BEFORE THE HON’BLE MR.JUSTICE MOHAN SHANTANAGOUDAR WRIT PETITION NOS.39305-39306 OF 2012 (GM-R/C) BETWEEN 1. JENNI M BALARAMA RAO AGED 42 YEARS, S/O JENNI VENKATAKRISHNA, RESIDING NEAR MATTU TEMPLE, KATAPADI-574105 UDUPI TALUK & DISTRICT 2. K.MUDDU AGED 68 YEARS, S/O LATE SUBBA RAJANI NILAYA, ADKA, MATTU VILLAGE, KATAPADI 574104 UDUPI TALUK & DISTRICT ... PETITIONERS (By Sri: S K ACHARYA, ADV., ) AND 1. THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENT, RAJATADRI, MANIPAL-576 104 UDUPI DISTRICT 2 ZILLA DHARMIKA PARISHAT & DEPUTY COMMISSIONER FOR HINDU RELIGIOUS & CHARITABLE ENDOWMENT, UDUPI DISTRICT, UDUPI 576104 - 2 - 3. B.DILIP KUMAR AGED ABOUT 46 YEARS, S/O MANIKYA RAO, KUSUMA PRIYA NIVAS, KOTE VILLAGE, KATAPADI-576104 UDUPI DISTRICT 4 JYOTHI SALIAN AGED 38 YEARS, W/O VASU SALIAN NEAR SANDEEPANI SCHOOL MATTU, KATAPADI-576104, UDUPI DISTRICT. 5 SUNITHA AGED 38 YEARS, W/O RATHNAKARA, SANATHOTA, AMBADY, KATAPADY-576104 UDUPI DISTRICT 6 RAGHAVENDRA AGED ABOUT 40 YEARS S/O KRISHNA BHAT, KOTE KANDIGE, KOTE VILLAGE, KATAPADI-576104, UDUPI DISTRICT 7 LAKSHMINARAYANA AGED 47 YEARS S/O N SUBRAMANYA RAO, 7-3-31G, BEHIND VIDYODAYA SCHOOL BAILAKERE, UDUPI-576101 8 M.M.HARISH-ADVOCATE AGED 40 YEARS, S/O MATTI MADHAVA RAO, ANANTHA, RAMAMANDIRA ROAD, KUNDAPURA-576104 - 3 - 9 PRASANNA SHETTY AGED ABOUT 35 YEARS, S/O AMARNATHA SHETTY, SHANKARA KRUPA, AMBADIBEEDU, KOTE VILLAGE, KATAPADI-576104, UDUPI DISTRICT 10 J GOPALAKRISHNA RAO AGED 56 YEARS S/O PUTTANNAIAH, DOOR NO.10-1-74, KANAKADASA ROAD, UDUPI-576101 ... RESPONDENTS (By Sri:VISHWANATH, AGA FOR R1) ------- THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PROCEEDINGS/ORDER DT.6.9.12 ON THE FILE OF THE R2 VIDE ANN-A & TO DECLARE THE SAME AS UNCONSTITUTIONAL & ILLEGAL. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:- O R D E R The order passed by respondent No.2 appointing respondent Nos.3 to 10 as managing committee members of Sri Vishnumurthy Temple, Mattu vilage, katapady, Udupi district is - 4 - called in question in these writ petitions. Said temple is a notified temple. In view of availability of alternative and efficacious remedy of appeal to the petitioners under Section 63-A of Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, this Court declines to entertain these writ petitions. Accordingly, writ petitions stand dismissed with liberty to the petitioners to approach the Appellate Authority within four weeks. It is open for the petitioners to move the Appellate Authority seeking interim reliefs. Sd/- JUDGE *mn/-.
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