AJIT KALYAN, S/O G. KALYAN KUMAR Vs. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001, COMMISSIONER FOR RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA, ALUR VENKATA RAO RO

JUDGEMENT

(1.) THIS writ petition under Article -226 of the Constitution prays for quashing of Order passed by the Government of Karnataka bearing No. RD/33/Mu.Aaa.Bi/2007, Bangalore dated 01.07.2009, whereby approval had been granted for the sale of 6000 square feet of land belonging to Sri Kadu Malleshwaraswamy Temple, Malleswaram Bangalore City. The consideration for the sale is a sum of Rs. 1,44,00,000/ - at the rate of Rs.2,400/ - per square feet being the alleged market price. The sale has been sanctioned in favour of the Respondent Sri Sai Mandali, Bangalore. The State Government has purportedly exercised powers under the proviso to Section -62 (3) of the Karnataka Hindu Religious Institutions and Charitable Endowment Act 1997 (hereinafter referred to as the '1997 Act').

(2.) THE writ petition has already had a chequered history. It was filed before the learned Single Judge and after few hearings, it was listed before the Division Bench, consequent upon a statement made by learned counsel for the petitioner that similar grievances had been ventilated in Writ Appeal No.2063/2007. The said Appeal was dismissed for non -prosecution and in that context, this writ petition was again directed to be posted before the learned Single Judge according to the extant roster. The said W.A.No.2063/2007 was however subsequently restored and was disposed of on merits by Order dated 08.08.2011. However, the said Appeal as well as the Writ Petition did not pertain to the sale which is impugned in the instant petition, and as such, is not relevant for the present purposes. Be that as it may, when the instant petition was listed before the learned Single Judge on 24.06.2011, it was contended that the present petition was in the nature of a public interest litigation. Hence, the learned Single Judge directed that the writ petition be listed before the Division Bench having the roster of public interest litigations. Accordingly, the instant petition is to be considered in these circumstances.

(3.) THE sale of the immovable properties belonging to religious institutions has received jural attention on several occasions. In Chenchu Rami Reddy and Another Vs. Government of Andhra Pradesh and Others, AIR 1986 SC 1158 ], their Lordships had observed thus: More often than not detriment to what belongs to 'many', collectively, does not cause pangs to 'any', for no one is personally hurt directly. That is why public officials and public minded citizens entrusted with the care of 'public property' have to show exemplary vigilance. What is true of 'public property' is equally true of property belonging to religious or charitable institutions or endowments In that case, the Government had accorded its approval for the sale of property belonging to the Bugga Math, Thirupathi, by private negotiations. The Court was fully cognizant of the position that persons who are eager to purchase property by private negotiation should be equally willing to bid at a public auction. Since this procedure had not been adopted, and a reserve price after ascertaining the market value had not been fixed, the sale came to be quashed by their Lordships.