JAGADGURU MURUGHARAJENDRA Vs. CHIEF SECRETARY

JUDGEMENT

(1.) These two petitions seek to lay a challenge to the Government Order dtd. 13/12/2022 whereby, the Respondent-Mr.P.S.Vastrad, a retired IAS officer, has been appointed as the Administrator for the Mutt & the institutions run by it. W.P.No.25316/2022 is filed by the Vidya Peetha, represented by its President, and the Mutt is represented by its Pontiff Dr.Shivamurthy Murugha Sharanaru through the GPA holder Sri.Basavaprabhuswamigalu. W.P.No.25318/2022 is filed by three individuals who claim to be the devotees of Mutt.

(2.) The operative portion of the order reads as under: <IMG>JUDGEMENT_323_LAWS(KAR)5_2023_1.jpg</IMG> The Government specifically mentions that this Order has been made in exercise of the power availing under Articles 162 and 31A of the Constitution of India inter alia for safeguarding the movable & immovable properties of the Mutt and to prevent misappropriation of funds of the institution and further, to conduct the overall management effectively inasmuch as the Pontiff has been facing criminal cases is in judicial custody since 1/9/2022.

(3.) After service of notice, the State and its officials have entered appearance through the learned AGA and their case is argued by the learned Advocate General. The Administrator being arrayed as Respondent eo nomine, is represented by an advocate on record and his case is argued by a learned Senior Advocate. With the leave of court, amended Petitions have also been filed from the side of Petitioners. The Respondents have filed their Written Versions/Statement of Objections resisting the Writ Petitions. Since these cases have a cognate fact matrix, with the consent of the Bar, they are clubbed & heard together.