LAWS(KAR)-2013-1-32

VIDYA MANOHARA TEERTHA SWAMIGALU PEETHADIPATHY Vs. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA

Decided On January 02, 2013
Vidya Manohara Teertha Swamigalu Peethadipathy Appellant
V/S
State Of Karnataka Represented By Its Chief Secretary Vidhana Soudha Respondents

JUDGEMENT

(1.) These two writ petitions are directed against the orders / notifications, both dated 26.5.2012, appointing an administrator for Sri. Sosale Vyasaraja Mutt (for short 'the Mutt) and constituting a Committee to guide him. The petitioners are also seeking implementation of the endorsement dated 15.10.2004 issued by the Commissioner of the Hindu Religious Charitable Endowments Office, representing the Government, stating that the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (for short 'the new Act') would not apply to the Mutt. The first writ petition (W.P. No.17370/2012) is filed by Mathadhipathi of the Mutt, whereas the second writ petition (W.P. No.17391/2012) is filed by Mr. Sosale N. Prakash, duly appointed by the Mathadhipathi, as an Administrator / Manager of the properties of the Mutt.

(2.) The reliefs sought in both the petitions are similar, and in view thereof without entering into an issue/question whether the second petition filed by the Manager/Administrator is maintainable, or whether he has locus to file the petition, they are being disposed of by this common judgment.

(3.) It would be necessary to give brief history of the Mutt and the relevant facts leading to these petitions, which may be necessary for dealing with the questions raised in the petitions.