Y R GHORPADE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioner who is the ex. Ruler of sandur has sought judicial review of the administrative order dated 19-5-1982 under annexure-p and for quashing the same on the ground that it is unconstitutional and ultra vires the powers of the government. The petitioner has also sought for a direction to the respondents to refrain from applying in regard to the sandur temples described in annexure-a, the Provisions of the Madras hindu religious & charitable endowments Act, 1951 and to restrain them from applying the said Provisions in a manner inconsistent with the merger agreement with the government of India read with collateral letter dated 1-4-1949 and further for a declaration that the petitioner in his capacity as a hereditary trustee is under no obligation to pay any contribution to the state government and to bind the respondents to the terms of the merger agreement and the collateral letter dated 1-4-1949.

(2.) a substantial question of law has been raised in this writ petition and the question is whether the said act is applicable to the sandur temples in sandur area which was originally a part of the erstwhile Madras state. In essence, the contentions of the petitioner are two fold :

(3.) when this matter came up for consideration by way of appeal preferred by the petitioner before the government of Karnataka, after hearing the arguments of the counsel for the hereditary trustee of kumaraswamy temple, sandur, bellary district, the order under Annexure-B came to be passed. It is this order which is assailed in this writ petition.