In the High Court of Karnataka at Bangalore

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 11 TH DAY OF JULY 2014 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION No.49232 OF 2013 (GM-R/C) C/W. WRIT PETITION Nos.49231/2013 AND 49321/2013 W.P.No.49232/2013: BETWEEN : Shri Shivaprakash N. S/o.Rudrappa, Aged about 30 years, R/at Sarjapura Town, Anekal Taluk – 562 106, Bangalore District. ... Petitioner (By Sri Tharanath Shetty, Advocate) AND: 1. The State of Karnataka, Rep. by the Secretary, Religious Endowment Department, Vidhana Soudha, Bangalore – 560 001. 2. The Commissioner, Hindu Religious and Charitable Endowments, Government of Karnataka, Alur Venkata Rao Road, Bangalore – 560 018. 3. The Special Deputy Commissioner, Bangalore Urban District, 2 K.G.Road, Bangalore – 560 009. 4. TheTahsildar & Muzrai Officer, Anekal Taluk, Anekal, Bangalore District – 562 106. 5. Shri Veerabhadraswamy Temple, Murulur Village, Sarjapura Hobli, Anekal Taluk, Bangalore – 562 106, Rep. by the Commissioner of Hindu Religious and Charitable Endowments. 6. Shri N.Shivakumar, S/o.R.Nanjundappa, Aged about 32 years. 7. Shri N.Veerabhadraiah, S/o.Late N.Nanjundappa, Aged about 55 years. R-6 & R-7 are R/at Muguluru Village, Sarjapura Hobli, Anekal Taluk, Bangalore Rural District. …Respondents (By Smt.Pramodhini Kishan, HCGP for R1 to R4: R6 & R7 served) This writ petition is filed under Articles 226 and 227 of the constitution of India praying to quash the order dated 21.10.2013 passed by the R3 vide Annexure-K, etc. W.P.Nos.49231/2013 & 49321/2013: BETWEEN : 1. Shri N.Shivakumar, S/o.R.Nanjundappa, Aged about 32 years. 3 2. Shri N.Veerabhadraiah, S/o.Late N.Nanjundappa, Aged about 55 years. Both are R/at Muguluru Village, Sarjapura Hobli, Anekal Taluk, Bangalore Rural District – 562 106. ... Petitioners (By Sri Vishwanatha Shetty V, Advocate) AND: 1. The State of Karnataka, Rep. by the Secretary, Religious Endowment Department, Vidhana Soudha, Bangalore – 560 001. 2. The Commissioner, Hindu Religious and Charitable Endowments, Government of Karnataka, Alur Venkata Rao Road, Bangalore – 560 018. 3. The Special Deputy Commissioner, Bangalore Urban District, K.G.Road, Bangalore – 560 009. 4. TheTahsildar & Muzrai Officer, Anekal Taluk, Anekal, Bangalore District – 562 106. 5. Shri Veerabhadraswamy Temple, Murulur Village, Sarjapura Hobli, Anekal Taluk, Bangalore – 562 106, Rep. by the Commissioner of 4 Hindu Religious and Charitable Endowments. 6. Sri Shivaprakash N. S/o.Rudrappa, Aged about 30 years, R/at Sarjapura Town, Anekal Taluk Bangalore District - – 562 106. …Respondents (By Smt.Pramodhini Kishan, HCGP for R1 to R4) These writ petitions are filed under Articles 226 and 227 of the constitution of India praying to quash the order dated 21.10.2013 passed by the R3 vide Annexure-K, etc. These writ petitions, coming on for orders, this day, the Court made the following: O R D E R The petitioners have called into question the order, dated 21.10.2013 (Annexure-K in both the petitions) passed by the third respondent - Special Deputy Commissioner. 2. Smt.Pramodhini Kishan, the learned Government Pleader raises the threshold bar to the maintainability of these petitions. She submits that the impugned orders are appealable before the second respondent – Commissioner of Hindu Religious and Charitable Endowments under Section 25(b)(vii) of Karnataka Hindu Religious and Charitable Endowments Act, 1997. 5 3. The learned counsel for the petitioners admits of the position that the impugned orders are appealable. But he has expressed the apprehension that if the petitioners file the appeal now, they may be dismissed on the ground of delay. Section 25(b)(vii) of the said Act prescribes one month’s period for the purpose of filing the appeal. He further submits that these petitions are filed within ten days from the date of passing of the impugned orders. 4. These petitions are disposed of keeping all the contentions open and reserving the liberty to the petitioners to avail of the remedy of filing the appeals. Further under Section 14 of the Limitation Act, 1963 the petitioners are entitled to the exclusion of time of the proceedings bonafide spent in this Court. I therefore make it clear that if the petitioners file the appeals within 20 days from today, the second respondent – Commissioner (appellate authority) shall dispose them off on merits. On the ground that the appeals are not filed in 30 days’ time from the date of the order, they shall not be rejected or dismissed by the second respondent – appellate authority. 6 5. These petitions are accordingly disposed of. No order as to costs. Sd/- JUDGE Cm/- .

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