IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE S.ABDUL NAZEER. WRIT PETITION No OF 2014 (GM-R/C)

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1 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05 th DAY OF JANUARY, 2015 BEFORE THE HON BLE MR.JUSTICE S.ABDUL NAZEER WRIT PETITION No OF 2014 (GM-R/C) BETWEEN: JARAGANAHALLI GRAMABIRUDDI SANGHA, REGISTERED UNDER THE SOCIETIES ACT, OFFICE AT NO.1, M.R.N. COMPUTER POINT, JARAGANAHALLI, J.P.NAGAR POST, BANGALORE REP. BY ITS GENERAL SECRETARY SRI N.RAMAKRISHNA. PETITIONER (BY SRI H.V.DEVARAJU, ADV.) AND 1 THE STATE OF KARNATAKA, VIKASA SOUDHA, AMBEDKAR VEEDHI, BANGALORE REP. BY SECRETARY, DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS AND MUZARAI. 2 THE ENDOWMENT COMMISSIONER, HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2 ND FLOOR, SREE MALLEMAHADESHWARA VARTHA BHAVAN, ALLUR VENKATARAO ROAD, CHAMARAJPET, BANGALORE

2 2 3 THE DEPUTY CONTROLLER, BANGALORE URBAN DISTRICT, BEHIND KANDAYA BHAVAN, K.G.ROAD, BANGALORE THE TAHASILDAR, BANGALORE SOUTH TALUK, KANDAYA BHAVAN, K.G.ROAD, BANGALORE RESPONDENTS (BY SMT. PRAMODINI KISHAN, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANN-S DATED ON THE FILE OF THE R2 PERMITTIJG THE PETITIONER SOCIETY TO CARRY OUT THE RECONSTRUCTION OF DILAPIDATED SREE HANUMANTHA DEVARU TEMPLE AT JARAGANAHALLI. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT PASSED THE FOLLOWING: O R D E R The 2 nd respondent had granted permission to the petitioner to renovate the temple of Sree Hanumantha Devaru, situated at Jaraganahalli Village, J.P.Nagar Post, Bangalore, by its order dated at Annexure-D. This order was cancelled by the 2 nd respondent by his communication at Annexure S dated The petitioner has called in question the validity of the said communication in this writ petition.

3 3 parties. 2. I have heard the learned counsel for the 3. It is not in dispute that the aforesaid temple is a muzarai temple, which is governed under the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (for short the Act ) and the Rules made thereunder. Elaborate procedure has been made in the Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002 (for short the Rules) for renovation/repairs/reconstruction of the muzarai temples. 4. It is clear from the order at Annexure-D that the said Rules have not been followed while permitting the petitioner to renovate the aforesaid temple. Therefore, the 2 nd respondent has rightly withdrawn the order at Annexure-D vide his communication at Annexure-S dated

4 4 5. At this stage, learned counsel appearing for the petitioner submits that petitioner has no objection for constitution of a Development Committee for renovation/repair/reconstruction of the aforesaid temple under Rule 40(b) of the Rules. It is further submitted that the donors, who are office bearers of the petitioner Sangha may be included in the Development Committee. 6. It is not in dispute that the temple in question is in a dilapidated condition. Pursuant to the order at Annexure-D, petitioner has already started renovation of the temple. Since the order at Annexure-D is not in conformity with Rule 40(b), the 2 nd respondent is justified in withdrawing the said order vide his communication at Annexure-S. It is also not in dispute that the temple requires renovation. In the circumstances, I direct the competent authority to constitute a Development Committee for

5 5 renovation/repair/reconstruction of the temple. The donors, who are said to be office bearers of the petitioner Sangha are permitted to make a representation to the competent authority for inclusion of their name/names in the Development Committee. If such a representation is filed, the prescribed authority is directed to consider the same. The prescribed authority is directed to constitute the Development Committee within a period of eight weeks from today for repair/renovation/ reconstruction of the temple in question. I am sure the Development Committee will take up the repair/renovation/reconstruction of the temple in accordance with the order, which may be passed by the competent authority. Writ petition stands disposed of accordingly. No costs. Sd/- JUDGE KLY/