BRAHMI DURGAPARAMESHWARI TEMPLE Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner- Sri Brahmi Durgaparameshwari Temple (for short 'the Temple') is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the interim order (Annexure-E) dtd. 29/5/2018 in No.DC UDP- 19011(12)/33/2018E-32781 passed in the proceedings initiated by the petitioner before the 1st respondent- Deputy Commissioner.

(2.) Heard Sri M.E. Nagesh, learned counsel for the petitioner, Smt. Rashmi Patel, learned HCGP for the 1st respondent and Sri Prasanna V.R ., learned counsel for the 2nd respondent. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that petitioner initiated proceedings before 1st respondent -Deputy Commissioner under the provisions of Sec. 25B(6)(i) and (ii) read with Sec. 65 of the Karnataka Religious Institutions and Charitable Endowment Act, 1997 (for short 'the Act'), praying to declare the schedule properties of the notified petitioner-Temple and that the income generated therefrom shall belong to the petitioner-Temple and that the respondents have absolutely no right, title or interest over the schedule properties or the income generated therefrom. It is submitteed that during the pendency of the writ petition, at the instance of the 2nd respondent, the 1st respondent-Deputy Commissioner without notice to the petitioner passed impugned interim order (Annexure-E) dtd. 29/5/2018.