GURU DATTATREYA PEETA DEVASTHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Shri Guru Dattatreya Peetha Samvardhana Samithi (Petitioner - Trust) has presented this writ petition with a prayer inter alia to issue a writ of certiorari and to quash the impugned Government Order (No.RD 14 Muzarai 2009 dated 19.03.2018); and to direct the State Government to implement Endowment Commissioner's Report dated 10.03.2010.

(2.) As per petition averments, petitioner is a religious and charitable Trust registered under the provisions of the Indian Trust Act inter alia with aims and objectives to protect and develop Shri. Guru Dattatreya Peetha Devasthana, the Cave Temple at Inam Dattatreya Peetha village in Chandradrona Parvatha, Chickmagaluru.

(3.) The 'Peetha' is a major Muzarai Temple under Mysore Religious and Charitable Institutions Act, 1927. On 06.04.1973, the Karnataka State Board of Wakf took over the management of the Peetha. Two devotees namely Sriyuths. B.C. Nagaraja Rao and C. Chandra Shekar filed a suit before the learned Civil Judge, Chickmagaluru for a declaration that plaint schedule Institution is a holy place of worship belonging to Hindus and Mohammedans and upon transfer to the Court of learned District Judge, it was registered as O.S. No.25/1978; and decreed on 29.02.1980. The Karnataka State Board of Wakf challenged the judgment and decree in RFA No.119/1980 before this Court and it stood dismissed vide judgment dated 07.01.1991. The SLP (Civil) No. 17040/1991 filed thereon, also stood dismissed on 01.11.1991.