GANGADHAR RAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellants.

(2.) THE appellants before us are aggrieved by the order of the Deputy Commissioner dated 22.9.2009 wherein he rejected the request or the representation to recall the order of appointment of Administrator dated 5.6.2009 and hand over the Management of the temple insofar as 'Bhoothasthana' is concerned to the appellants herein as they are claiming the hereditary rights over the said Management of 'Bhoothasthana' in the temple in question.

(3.) SUBSEQUENTLY by virtue of Karnataka Hindu Religious Institutions and Charitable Endowments Act of 1997 ('Act' for short), the rights of the" hereditary trustees were taken away. This came to be questioned in W.P. No.49720/2003 by the present appellants on the ground that the said enactment ultra vires the constitutional provisions. Subsequently, during the pendency of W.P. No.49720/2003 the Assistant Commissioner, Hindu Religious Institutions and Charitable Endowments, Mangalore has called for applications from the general public to appoint as members of the Committee of the Management In pursuance of the said notification, the Deputy Commissioner also appointed the Committee. This again came to be questioned in another Writ Petition No. 13187/2006. The same came to be disposed of on 18.8.2008 as it became infructuous. On 5.6.2009 the Deputy Commissioner appointed Administrator to look after the Management of the temple for a period of six months and it is not in dispute that every six months the said order is being renewed, At this point of time on 6.8.2009 a representation came to be given by the appellants to recall the order of appointment of the Administrator and to hand over the Management of the temple in their favour which came to be rejected on 22.9.2009 and the said endorsement was impugned in the Writ Petition No.37892/2009. In the said writ petition, appellants have also challenged the appointment of the Administrator by the Deputy Commissioner.