Bhasyamaswamy @ N Venkatachar vs Narayana Bhattachar
2022 Latest Caselaw 11875 Kant

                            1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 15TH DAY OF SEPTEMBER, 2022

                        PRESENT

             THE HON'BLE MR. ALOK ARADHE
                 ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

              W.A.No.256/2022(GM-R/C)

BETWEEN:

BHASYAMASWAMY @ N VENKATACHAR
AGED 67 YEARS
S/O LATE S. NARASIMHACHAR
UTTARADI MATH ROAD
MYSORE - 570 004.            ...APPELLANT

(BY SRI S.P. SHANKAR, SR. COUNSEL FOR
SMT. MAMATA GURU RAO KULKDARNI, ADV.)

AND:

1.     NARAYANA BHATTACHAR
       AGED 54 YEARS
       S/O SAMPATHKUMAR BHATTAR
       R/O AKKATANGIKOLLA STREET
       MELUKOTE PANDAVAPURA
       TALUK, MANDYA DIST - 571 434.

2.     STATE OF KARNATAKA
       DEPARTMENT OF REVENUE
       (MUZRAI), M.S. BUILDING
       DR. B.R. AMBEDKAR ROAD
       BENGALURU - 560 001
       REPRESENTED BY ITS SECRETARY.

3.     THE COMMISSIONER-HINDU CHARITABLE
       AND RELIGIOUS ENDOWMENTS OFFICE
       OF THE MUJRAI COMMISSIONER
                            2
      2ND FLOOR, SRI MALAI MAHADESHWARA
      VARTHA BHAVANA, ALOORU
      VENKATARAM ROAD, CHAMARAJAPET
      BENGALURU - 560 018.

4.    THE DEPUTY COMMISSIONER
      MANDYA DISTRICT
      BANGALORE MYSORE ROAD
      MANDYA - 571401.

5.    THE ASSISTANT COMMISSIONER
      AND ADMINISTRATOR
      SRI CHELUVARANARAYANASWAMY
      TEMPLE, PANDAVAPURA SUB-DIVISION
      PANDAVAPURA, MANDYA DISTRICT
      MANDYA - 571 401.

6.    THE EXECUTIVE OFFICER OF
      SRI CHALUVANARAYANASWAMY
      TEMPLE, MELOKOTE, PANDAVAPURA
      TALUK, MANDYA DISTRICT - 571 434.
                                          ...RESPONDENTS

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 03/12/21 PASSED BY LEARNED SINGLE JUDGE
AND DISMISS THE SAID WRIT PETITION AND TO GRANT
SUCH OTHER RELIEF.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE
FOLLOWING:

                    JUDGMENT

This intra court appeal has been filed against the

order dated 03.12.2021 passed by the learned Single

Judge in W.P.No.55664/2017.

2. Learned Senior Counsel for the appellant seeks

leave of this Court to withdraw this appeal with liberty to

seek review of the order dated 03.12.2021 in the light of

Section 77 of the Karnataka Hindu Religious and

Charitable Endowments Act, 1997.

3. With the aforesaid liberty, this appeal is

dismissed as withdrawn.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

KK