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In the High Court of Karnataka at Bengaluru

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In the High Court of Karnataka at Bengaluru 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2015 BEFORE THE HON’BLE MR. JUSTICE S ABDUL NAZEER W.P No.10164 of 2015 (GM – R/C) BETWEEN SRI DURGAPARAMESHWARI TEMPLE KUKKIKATTE, BELLAMPALLI, PUNCHUR-576 124, UDUPI TALUK & DISTRICT, REPRESENTED BY ITS HEREDITARY TRUSTEE, SRI.B.HARISH HEGDE, S/O LATE RAMANNA HEGDE AGED ABOUT 51 YEARS, R/O MADAHAVA NIVAS, BELLAMPALLI, PUNCHUR-576 124, UDUPI TALUK AND DISTRICT. .. PETITIONER (By Sri VIGHNESHWAR S SHASTRI, ADV.) AND 1. RAJYA DHARMIKA PARISHAD REPRESENTED BY ITS MEMBER SECRETARY AND COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, CHAMARAJPET, BANGALORE-560 004. 2 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, MUJARAI DEPARTMENT, MS BUILDING, BANGALORE -560 001. 3. DEPUTY COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT, RAJATADRI, MANIPAL-576 104, UDUPI DISTRICT. 4. ADDITIONAL DEPUTY COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT AND PRESIDENT, ZILLA DHARMIKA PARISHAD, UDUPI-576 104 5. SRI HARISH NAIK S/O KITTA NAIK, AGED ABOUT 25 YEARS R/O KALSANKA MANE, BELLAMPALLI VILLAGE AND POST, UDUPI TALUK & DISTRICT-576 124 6. SMT SUMITHRA N ACHARYA W/O NARASIMHA ACHARYA, AGED ABOUT 30 YEARS BELLAMPALLI POST, VIA PERDUR, UDUPI TALUK-576124 UDUPI DISTRICT 7. SMT ASHA D SHETTY W/O DIWAKAR SHETTY, AGED ABOUT 30 YEARS R/O "NADUMANE" 3 BELLAMPALLI POST, UDUPI TALUK-576124 UDUPI DISTRICT 8. SRI BABU A KOTIYAN S/O ACHHU B KOTIYAN, AGED ABOUT 60 YEARS "SWARNAKEERTHI" BELLAMPALLI-DODDANNAGUDDE, BELLAMPALLI POST, UDUPI TALUK-576124 UDUPI DISTRICT 9. SRI PRAVEEN S/O K RAMA ACHARYA AGED ABOUT 30 YEARS BELLAMPALLI-KUKKIKATTE, PUNCHUR, BELLAMPALLI POST, UDUPI TALUK-576124 UDUPI DISTRICT 10. SRI B GOVINDARAJ HEGDE S/O B SANJEEVA HEGDE AGED ABOUT 65 YEARS "RAJASHRI" BELLAMPALLI POST, VIA PERDUR, UDUPI TALUK-576124 UDUPI DISTRICT 11. SRI GANAPATHI PRABHU S/O LATE NARASIMHA PRABHU, AGED ABOUT 45 YEARS "SARASWATHI NILAYA" NEAR TEMPLE,KUKKIKATTE, BELLAMPALLI POST, UDUPI TALUK-576124 UDUPI DISTRICT 4 12. SRI B VIJAY KUMAR HEGDE S/O LATE P SUDHAKAR HEGDE, AGED ABOUT 45 YEARS "SANNAMANE", BELLAMPALLI POST AND VILLAGE, UDUPI TALUK-576124 UDUPI DISTRICT. .. RESPONDENTS (By Sri K S CHANDRAHASA, ADV. FOR R5 TO R11) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER / PROCEEDINS PASSED BY R-4 DTD.14.2.2013 AT ANNEX-H, QUASH THE ORDER DTD.7.3.2015 PASSED BY R-1 VIDE ANNEX-N AND DIRECT THE R-1 TO 4 TO CONSTITUTE MANAGING COMMITTEE SRI DURGAPARAMESHWARI TEMPLE, KUKKIKATTE BY RECOGNIZING THE RIGHTS OF HEREDITARY TRUSTEES AND ARCHAKS AND OTHER ELIGIBLE PERSONS. THIS W.P. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: O R D E R Learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition with liberty to file an appeal under Section 63-A of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. 2. The submission is placed on record. The writ petition is dismissed as withdrawn with liberty as above. 5 All contentions on merits are kept open. The Registry is directed to return the order at Annexure-N to the learned Advocate appearing for the petitioner after retaining its xerox copy. Sd/- JUDGE Bkm. .
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