Karnataka High Court
Shree Gali Anjaneya Swamy Temple vs The Under Secretary To The Department Of ... on 29 July, 2025
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WA No. 1189 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 1189 OF 2025 (GM-R/C)
BETWEEN:
1. SHREE GALI ANJANEYA SWAMY TEMPLE
BYATARAYANAPURA
MYSORE ROAD
BANGALORE - 560 026
REPRESENTED BY ITS TRUSTEE AND CONVENOR
SRI. B. P. NAGARAJU @ ASHOK
2. SHREE GALI ANJANEYA SWAMY
TEMPLE TRUST
BYATARAYANAPURA
MYSORE ROAD
Digitally signed
by NANDINI B G BANGALORE - 560 026.
Location: High REPRESENTED BY ITS TRUSTEE AND CONVENOR
Court of SRI. B.P. NAGARAJU @ ASHOK
Karnataka
3. SRI. B. M. HANUMANTHAPPA
S/O. LATE B.V. MUNIYAPPA
AGED 75 YEARS, NO. E-49
5TH CROSS, 1ST MAIN ROAD
OPPOSITE GOVERNMENT MIDDLE COLLEGE
BYATARAYANAPURA
MYSORE ROAD
BANGALORE 560 026.
(PRESIDENT OF TEMPLE TRUST)
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4. SRI. B. M. PATEL PANDU
S/O. LATE MUNIYAPPA
AGED 69 YEARS
FOUNDER
SRI. PATEL GULLAPPA EDUCATIONAL
INSTITUTION, AVALAHALLI
MYSORE ROAD
BANGALORE - 560 026
(VICE-PRESIDENT OF THE TEMPLE TRUST).
5. SRI. B. P. NAGARAJU @ ASHOK
S/O. LATE B. V. POOJAIAH
AGED 54 YEARS, NO.2
OLD NO.200, 8TH CROSS
BAPUJI EXTENSION
CHANDRA LAYOUT
NEAR ADIGAS HOTEL
VIJAYANAGAR
BANGALORE - 560 040.
...APPELLANTS
(BY SRI: PRAMOD NAIR, SR. ADVOCATE A/W
SRI: VAMSHI KRISHNA C., ADVOCATE)
AND:
1. THE UNDER SECRETARY TO THE
DEPARTMENT OF REVENUE
(THE RELIGIOUS AND ENDOWMENTS
DEPARTMENT)
KEMPEGOWDA ROAD
BEHIND KANDAYA BHAVANA
BENGALURU URBAN DISTRICT
BENGALURU - 560 009
2. OFFICE OF THE COMMISSIONER
FOR HINDU RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS DEPARTMENT
KEMPEGOWDA ROAD
BEHIND KANDAYA BHAVANA
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BENGALURU URBAN DISTRICT
BENGALURU - 560 009
3. OFFICE OF THE ADDITIONAL DEPUTY
COMMISSIONER FOR HINDU RELIGIOUS
INSTITUTIONS AND CHARITABLE ENDOWMENTS
DEPARTMENT
KEMPEGOWDA ROAD
BEHIND KANDAYA BHAVANA
BENGALURU URBAN DISTRICT
BENGALURU- 560009
AND ALSO AT
MUZRAI WORKS, NAGARA SABHAVAYALA
4TH FLOOR, PODIUM BLOCK
VISHWESHRAYYA GOPURA
BENGALURU - 560 001.
4. OFFICE OF THE ASSISTANT COMMISSIONER
FOR HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS DEPARTMENT
MUZRAI WORKS, NAGARA SABHAVAYALA
4TH FLOOR, PODIUM BLOCK
VISHWESHRAYYA GOPURA
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI: H.M. DEVADASS, AAG A/W
SRI: S.H. RAGHAVENDRA, AGA FOR RESPONDENTS 1 TO 3
SRI. HARISHCHANDRA MOVVAR, ADVOCATE FOR C/R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT 1961 PRAYING TO GRANT THE
FOLLOWING PRAYERS A) SET ASIDE THE IMPUGNED ORDER
DATED 16/07/2025 PASSED BY THE LEARNED SINGLE JUDGE
IN WP NO.20918/2025 (GM-R/C) TO THE PRESENT APPEAL B)
MAY PASS ANY OTHER ORDER C) DIRECT THE RESPONDENTS
TO PAY THE COST OF PRESENT LITIGATION.
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WA No. 1189 of 2025
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THIS WRIT APPEAL, COMING ON FOR FINAL HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE
AND
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have preferred this appeal impugning
the order dated 16.07.2025 passed by the learned Single
Judge.
2. The appellants claim to be a hereditary trustees of
the ancient temple by name "Shree Gali Anjaneya Swamy
Temple. The appellants are aggrieved by the said temple
being declared as Notified Institution in exercise of the
powers conferred under Sections 42 and 43 of the
Karnataka Hindu Religious Institutions and Charitable
Endowments Act, 1997. In terms of an order dated
08.07.2025, the respondents have taken over the
management of the Notified Institution.
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3. The appellants filed the petition impugning the said
order. The petitioners challenge is pending consideration
before the learned Single Judge. However, prayer for an
interim order of stay of the order dated 08.07.2025 has
been rejected by the impugned order.
4. It is apparent to set out the extracts of paragraphs 7,
8 and 9 of the impugned order, which encapsulates the
reason for the learned Single Judge to decline the interim
relief:
"7. The procedure under Section 43 is
prima facie followed. Though, it is the strenuous
contention that there is absence of satisfaction by
the Commissioner by placing reliance on the order
in W.A.No.154/2024, however, such aspect is a
matter to be conclusively adjudicated upon after
the respondent State were to file their statement of
objections and place necessary records. The
proceedings are still at a preliminary stage.
8. The order passed at Annexure-'A' by the
Government refers to the proceedings of the
Commissioner and there is a recital in the order
that there has been recommendation by the
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Commissioner for taking over the Management of
the Institution. The aspect of satisfaction as
asserted is a matter for consideration after the
records are produced by the respondent State.
When the respondent State is yet to take its stand
in writing and is required to place the records of the
proceedings, it would not be appropriate to ignore
the assertion in the order at Annexure-'A' that the
Commissioner has made his recommendation.
9. The respondent State has filed a memo
and has produced documents evidencing taking
over of the Management. The memo contains
records clearly indicating the physical take over of
the Institution."
5. Considering that the order passed by the learned
Single Judge is on the interim order and prima facie, the
learned Single Judge has clearly set out the reasons and
has persuaded the Court to decline the interim relief, we
are not inclined to interfere with the impugned order at
this stage. However, we request the learned Single Judge
to take up the petition at an earlier date as convenient and
request the Court to dispose off the petition as
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expeditiously as possible and preferably within a period of
four months from this date.
6. The appeal is disposed off in the aforesaid terms.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
*bgn/-
CT:VS
