THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS AND ORS. Vs. SUPERINTENDING ARCHAELOGIST ARCHAEOLOGICAL SURVEY OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioners namely the Commissioner, Hindu Religious & Charitable Endowments and other authorities under the said Department are before this Court assailing the order dated 17.04.2009 passed in Petition No. 1/2008-2009 by the first respondent herein.

(2.) The issue relates to the installation of the Hundi and collection of Seva fee in the Kolaramma and Sri Someswara Temples which are admittedly, Muzarai Institutions under the Karnataka Hindu Religious Institutions And Charitable Endowments Act, 1997 (hereinafter referred to as 'HRCE Act 1997' for short). At the first instance, when the Deputy Commissioner had passed an order dated 16.08.2003 to that effect, the private respondents herein were before this Court in W.P. No. 27072/2004. This Court while disposing of the petition on 02.01.2007, on taking note of the prayer made in the petition not being pressed, had however, observed that the Temple being an ancient Temple and since thousands of devotees are visiting the Temple, it is required to be maintained in an appropriate manner. In that view, since the challenge to the order dated 16.08.2003 was not pressed, it impliedly stood approved.

(3.) Though the said matter rested at that, the private respondents were once again before this Court in W.P. No. 13854/2008 contending that they are the devotees/Dharmadarshies of the said Temples and in that light, they are aggrieved by the Official Memorandum dated 16.09.2008 by which the Seva fees was introduced. This Court, though did not interfere in the matter, had reserved the liberty to the petitioners to redress their grievance before the fourth respondent viz., the Superintending Archaeologist, Archaeological Survey of India. An order to the same effect dated 26.09.2008 was passed by this Court in W.P. No. 4232/2008 and connected petition. It is in that light, the proceedings were held before the respondent No. 1 herein, based on the representations that had been made by the private respondents, in view of the liberty granted by this Court by the order dated 11.11.2008 in W.P. No. 13854/2008 and dated 26.09.2008 in W.P. No. 4232/2008.