RAVI SUBRAMANYAAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court assailing the order dated 18.06.2009 and the order dated 16.03.2009 impugned at Annexures-A and B to the petition as depicted in the prayer column. However what is necessary to be noticed is that the challenge in effect is to the order dated 18.06.2011 which in fact is the document at Annexure-A to the petitions. Hence the consideration of the petitions is made in that light.

(2.) The grievance put forth on behalf of the petitioners is that they are the hereditary archaks of the second and third respondent temple, but their right to perform the 'Chandi Homa' in the manner as it existed earlier is being taken away by the order dated 16.03.2009. Learned counsel for the petitioner in that regard would refer to Section 58 of the Hindu Religious Institutions and Charitable Endowments Act, 1997 and would also refer to the decision of the Hon'ble Supreme Court in the case of Trambakeshwar Devasthan Trust and another vs. President, Purohit Sangh and others (AIR 2012 SC 139).

(3.) The respondents have filed their objection statement referring to the proceedings which led to enhancement of the fee and also the reason for which it was being done. It is stated therein that there was exploitation of the devotees and therefore in order to see that a uniform procedure is followed, the fee has been fixed.