HONMESHGOWDA B. R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner asserts he is from a family of Kunchittige community who have hereditary rights to oversee the affairs of Sri Honneshwara Swamy Temple [for short, 'the Temple'] at Shivanagere, Madhugiri Taluk, Tumakuru District. The petitioner seeks directions to the respondents to declare that he and four other Bandis as Yajaman of Byadagere Bandi have such exclusive right and participate in the consecration ceremonies of the Temple renovated and refurbished, with directions to the other respondents not to permit the ninth respondent to act as the Administrator.

(2.) Sri Bhuvan K P, the learned counsel for the petitioner, when queried on the forum to declare certain rights, submits that the petitioner inevitably will have to avail alternative remedy that could be under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. This Court is therefore not persuaded to interfere to make any declaration or issue any direction.

(3.) At this stage, Sri K P Bhuvan submits that this Court may observe that with the consecration ceremony being held for the next three days starting from tomorrow, the petitioner can participate in the consecration ceremony. Sri B Ravindranath, a learned Additional Government Advocate, who is called upon to accept notice for the first to fourth respondents, is heard on this request. This Court cannot, when the petitioner's right is yet to be declared allow any participation that could undermine third party interest or create equities in favour of the petitioner, and the permission that can be must therefore be in this context. In the light of the afore, the following: