SYED GHOUSE MOHIYUDDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal emanates from an order dtd. 28/9/2021 passed by Learned Single Judge by which in a writ petition preferred by Sri.Guruduttatreya Peetha Samvardhana Samithi (hereinafter referred to as 'the Samithi' for short), the order dtd. 19/3/2018 passed by the State Government has been quashed and the matter is remitted to the State Government to re-consider the matter afresh in accordance with law without reference to the report of High Level Committee.

(2.) Facts giving rise to filing of this appeal briefly stated are that an ancient cave temple is situate in Chandradrona Hills in Chikkamagalur (hereinafter referred to as 'the religious institution' for short). Inside the cave, a tomb of Bababudan as well as Padukas of Lord Dattatreya and 'Nandadeep' are situate. The cave temple is a venerated place of pilgrimage. The land measuring 1,861 acres was granted to Sri.Dattatreya Devaru, whereas, land measuring 111.25 acres was granted to Sri.Bababudan Dargah separately by the then Maharaja of Mysuru. After the enactment of Karnataka Inams Abolition (Religious and Charitable) Act , 1955, the Inam lands of the institution have vested with the Government and upon such vesting tasdik (compensation amount) of Rs.1,16,207.00 and Rs.69,360.00 have been fixed in respect of Sri.Dattatreya Devaru and Bababudan Dargah respectively. The Hindu and Muslims both offer prayers in Peetha as well as in Dargah.

(3.) The Samithi is a religious and Charitable Trust registered under the provisions of Indian Trust Act, which has been constituted with an object to protect and develop Sri.Gurudattatreya Peetha Devasthana, the cave temple at Inam Dattatreya Peetha Village in Chandradrona Parvat, Chikkamagalur.