Dr B R Ambedkar Seva Samithi vs State Of Karnataka
2022 Latest Caselaw 5198 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 22ND DAY OF MARCH 2022

                        PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

             W.A. NO.907 OF 2019 (GM-R/C)
                          IN
             W.P.No.9587 OF 2015 (GM-R/C)

BETWEEN:

1.     DR. B.R. AMBEDKAR SEVA SAMITHI
       (BRINDAWANA TULASI MANDAPA CHARITY TRUST)
       ROBERTSONPET, KGF, KOLAR
       R/O. NO.44, F BLOCK
       CHAMPIAN REEF, KGF TALUK
       KOLAR DISTRICT-563122
       REPRESENTED BY ITS PRESIDENT
       K C MURALI.

2.     SRI. S.M.A. AYYAPPA
       S/O LATE ARUMUGAM
       AGED ABOUT 63 YEARS
       R/A NO.33, FILLER BLOCK
       CORAMANDAL, KGF TALUK
       KOLAR DISTRICT-563120
       EXECUTIVE MEMEBER
       DR. B.R. AMBEDKAR SEVA SAMITHI
       (BRINDAWANA TULASI MANDAPA CHARITY TRUST)
       ROBERTSON PET, KGF, KOLAR.

                                         ... APPELLANTS

(BY MR. VINAYAKA B, ADV., FOR
    MR. SUBRAMANYA R, ADV.,)
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AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS
       CHIEF SECRETARY
       VIDHANA SOUDHA
       AMBEDKAR VEEDI
       BENGALURU-560001.

2.     THE COMMISSIONER
       DEPARTMENT OF
       HINDU RELIGIOUS CHARITABLE
       INSTITUTIONS AND CHARITABLE ENDOWMENTS
       2ND FLOOR, SRI MALAI MAHADESHWARA
       VARTHA BHAVANA
       ALUR VENKATA RAO ROAD
       CHAMARAJAPETE, BENGALURU-560018.

3.     DEPUTY COMMISSIONER
       KOLAR DISTRICT
       KOLAR-563101.

4.     ASSISTANT COMMISSIONER
       KOLAR SUB-DIVISION
       KOLAR-563101.

5.     THE TAHASILDAR
       BANGARPET TALUK
       BNAGARPET
       KOLAR DISTRICT-563122.

6.     EXECUTIVE OFFICER
       SRI. PRASANNA LAKSHMI
       VENKATESHWAREA TEMPLE
       KGF, KOLAR DISTRICT-563122.

7.     SUPERINTENDENT OF POLICE
       KGF DISTRICT, KGF-563122.

8.     SRI. K.P. RUPESH KUMAR
       S/O M.K. PADMANABHA NAIDU
       AGED ABOUT 40 YEARS
       R/A NO.104/2, RICHARD ROAD
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     KGF-563122
     KOLAR DISTRICT
                                             ... RESPONDENTS
(BY MR. S. RAJASHEKAR, AGA FOR R1-R7
    MR. R. CHANDRASHEKAR, ADV., FOR R8)
                            ---

      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
01/06/2018 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT
PETITION NO.9587/2015 AND CONSEQUENTLY RESTORE THE
ORDER/COMMUNICATION DATED 27/02/2015.

     THIS W.A. COMING ON FOR HEARING,                THIS   DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                           JUDGMENT

Mr.Vinayaka B., learned counsel for the appellant.

Mr.S.Rajashekar, learned Additional Government

Advocate for the respondent Nos.1 to 7.

Mr.R.Chandrashekar, learned counsel for the

respondent No.8.

This appeal arises out of an order dated 01.06.2018

passed by the learned Single Judge by which the writ petition

preferred by the respondent No.8 has been allowed.

2. Facts leading to filing of this appeal briefly stated are

that the appellant No.1 is an Association of devotees of Shree

Prasanna Lakshmi Venkataramanaswamy Temple

(hereinafter referred to as 'the temple' for short) in K.G.F.,

Kolar District. The appellant No.2 is the Secretary of the

appellant No.1 Association and is a devotee. The

Commissioner, in exercise of powers under the Karnataka

Hindu Religious Institutions and Charitable Endowments Act,

1997, passed an order dated 27.02.2015 in respect of the

temple which is a Category B temple and whose annual

income is less than Rs.25,00,000/-. By the aforesaid order,

the period of Brahmotsava was extended from 13 days to 15

days.

3. Learned Single Judge, by an order dated

01.06.2018, inter alia, held that under Rule 3 of the

Karnataka Hindu Religious Institutions and Charitable

Endowments Rules, 2002, the Commissioner is not a

competent authority to pass the impugned order in respect of

Category B temple. Accordingly, order dated 27.02.2015

was quashed and the authorities were granted liberty to

proceed in accordance with law and to pass fresh orders.

Admittedly, in pursuance of the aforesaid liberty granted by

the learned Single Judge, the Deputy Commissioner has

passed an order dated 27.02.2019 by which the period of

Brahmotsava has been reduced from 15 days to 13 days.

The aforesaid order is under challenge at the instance of

respondent No.8 in a writ petition namely

W.P.No.13108/2019.

4. Learned counsel for the appellant submitted that the

petitioner was not afforded an opportunity before passing of

the order dated 01.06.2018 and the appellants are the

beneficiaries under the aforesaid order. It is also submitted

that the appellants have a right to attend the Brahmotsava

on the last date.

5. We have considered the submissions made on both

sides. Admittedly, in pursuance of the liberty granted to the

respondent authorities, the Deputy Commissioner who is the

competent authority under the Rules, has passed an order

dated 27.02.2019. In case the appellants are aggrieved by

the aforesaid order, it is open for them to challenge the said

order in accordance with law. In view of the fact that the

competent authority namely the Deputy Commissioner has

passed a subsequent order on 27.02.2019, nothing survives

for adjudication in this writ appeal.

6. At this stage, learned counsel for the appellants

submitted that the appellants have a right to attend the

Brahmotsava on its last date. Needless to state that it will be

open for the appellants to approach the Deputy

Commissioner with regard to their grievance. In case a

representation is made on behalf of the appellants, the

Deputy Commissioner shall take a decision in this regard

after hearing the necessary parties, expeditiously.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE RV