Writ Petition No.8605 of 2013 (Gm-R/C)

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20 th DAY OF FEBRUARY, 2013 BEFORE THE HON’BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR WRIT PETITION NO.8605 OF 2013 (GM-R/C) BETWEEN : Smt. Jalaja Aged about 45 years W/o Chandramogaveera R/o Chatra Bettu Hemmadi Village Kundapura Taluk-576230 Udupi District. ..Petitioner (By Sri Mahesh Kiran Shetty, Adv.,) AND : 1. The State of Karnataka Department of the Hindu Religious and Charitable Endowments Represented by its Prl. Secretary M.S. Building, Bangalore-560 001. 2. The Commissioner of Hindu Religious Institutions and Charitable Endowments in Karnataka Chamarajpet, Bangalore-560 004. 3. The Deputy Commissioner Office of the Dharmika Zilla Parishad, Department of Hindu Religious and Charitable Endowments - 2 - Udupi, Udupi District-576101. 4. The Rajya Dharmika Parishad Office of the Commissioner of Hindu Religious Institutions and Charitable Endowments in Karnataka Chamarajpet, Bangalore-560 004 Rep by its Secretary. 5. Sri Lakshminarayana Temple Hemmadi, Kundapur Taluk Udupi District-576230 Represented by its Secretary. 6. Sri Ravi K S/o late Kuppa R/a “Anugraha” Kolluru Road Kundapura Taluk-576230. 7. Smt. Lalitha Achar W/o Bhaskar Achar R/a Kalikamba Nilaya Rathabeedi, Hemmadi Kundapura-576230. 8. Smt. Jalaja Madiwala W/o Ramesh Madivala Madivalakeeri, Hemmadi Kundapura-576230. 9. Sri Nagesh Hebbar S/o Kuppaiah Hebbar Rathabeedi, Hemmadi Kundapura-576230. 10. Sri Subhash V. Naika S/o Vamana Naika R/a “Srihari”, Santoshanagar Hemmadi, Kundapura Taluk-576230. - 3 - 11. Sri Surendra Gaaniga S/o Appanna Ganiga R/a Kukkeshri Nilaya Kattu, Hemmadi Kundapura Taluk-576230. 12. Sri H. Ganapayya Udupa S/o H. Srinivasa Udupa R/a Udupara Mane Kattu, Hemmadi Kundapura Taluk-576230. 13. Sri Krishna Devaadiga S/o Kaala Devaadiga Guddimane, Hemmadi Kundapura Taluk-576230. ..Respondents (By Sri E.S. Indiresh, HCGP., for R1 and R2; Sri B.S. Sachin, Adv., for R3 and R4) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to declare the Karnataka Hindu Religious Institutions and Charitable Endowments Act 1997 and Rules framed thereunder (Karnataka Act 33/01) as amended by 17/07, 27/11 and 12/12 amending the Act 12/12 and amending Section 1,2,3,19,20,21,21,22, 25, 26,28, 29, 35, 52, 63, 76 and inserting Rule 25 and amending the Rules 3,6,8,10,11,12,15,16,17, 19, 20, 22,31,33,34,37 and inserting Rule 19A, 21A, 22A, 22B, 32A, 33A, 33B, 40, 40B, 40C, 40D and inserting Forms IA, IB, IC, ID, 2A, 2B, 2C and declared the above said amendment Act as unconstitutional. This writ petition coming on for preliminary hearing this day the Court made the following:- - 4 - O R D E R Petitioner’s counsel submits that the petitioner does not press the first relief. 2. Even in respect of the second relief, the petitioner confines her prayer to the challenge in respect of appointment of respondent No.12 as a Trustee of the temple. 3. Respondent No.12 and others were appointed by the order dated 6.9.2012 passed by Dharmika Zilla Parishad. If the petitioner is aggrieved by the said order, she has to approach Rajya Dharmika Parishat under Section 63-A of Hindu Religious Institutions and Charitable Institutions Act (‘Act’ for short). Hence, this Court declines to entertain the writ petition. Accordingly, writ petition fails and the same stands dismissed . - 5 - It is open for the petitioner to approach Rajya Dharmika Parishad under Section 63-A of the Act, within four weeks from today. Sd/- JUDGE *ck/- .

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