MALTHESH GUDDA POOJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) By an order dated 8.11.2006, the Government of Karnataka appointed the Assistant Commissioner, Haveri District as the Administrator of the Malathesh (Sri Mylara Linga) Temple, Devara Gudda, till the formation of a Managing Committee. The appellant along with one Guddanna Gowda claiming to be Panchas (Trustees) filed Writ Petition No.16158/2006 in the High Court of Karnataka challenging the said notification dated 8.11.2006. The third respondent herein got himself impleaded in the said writ petition, as a devotee of the temple. The said writ petition was allowed in part by a learned Single Judge, by order dated 22.12.2006 and the said notification dated 8.11.2006 was quashed, reserving liberty to the State to pass appropriate orders after affording an opportunity to the writ petitioners. The writ petitioners filed an appeal (Writ Appeal No.169/2007) at the Dharwad Circuit Bench challenging that part of the order reserving liberty to respondents 1 and 2 to pass fresh orders. By judgment dated 31.1.2009, a Division Bench of the High Court (V.Gopala Gowda and L.Narayana Swamy, JJ) dismissed the writ appeal.

(3.) The appellant filed a review petition (R.P.No.1513/2009) for review of the said order, at the Dharwad Circuit Bench. The said review petition was placed before a Division Bench consisting of K.Sreedhar Rao and Ravi Malimath, JJ., at the Dharwad Circuit Bench. The third respondent objected to the hearing of the review petition by the said Bench on the ground that the writ appeal was heard and disposed of by the Division Bench consisting of V.Gopala Gowda and L.Narayana Swamy, JJ. and the review petition should therefore be heard and decided by the same Bench. He also contended that the notification dated 29.12.2008 of the High Court notifying that the review petitions relating to judgments passed by a Division Bench or Single Bench in respect of Circuit Bench, Dharwad will be posted as per the roster existing in the Circuit Bench, Dharwad, was contrary to Rule 5 of the Karnataka High Court Rules, 1959.