LAWS(KAR)-2017-5-62

SREEKANTHA BALIKA PROUDHASHALA Vs. STATE OF KARNATAKA

Decided On May 30, 2017
Sreekantha Balika Proudhashala Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners are before this Court assailing the communication dated 26.02.2014 at Annexure 'A' to the petition. The petitioners in that light are also seeking that the order dated 19.01.2007 at Annexure 'B' be quashed and a consideration be made in terms as contemplated under Rule 31(3) of the Karnataka Hindu Religious Institution and Charitable Endowments Rules, 2002 (hereinafter referred to as 'the Rules', for brevity).

(2.) The petitioners are running a school in the premises belonging to the temple, which has been leased to the petitioners. In respect of the fixation of rent as made by the respondents, the petitioners claiming to be aggrieved had filed a petition as at Annexure 'C' seeking consideration in terms of the proviso to Rule 31(3) of the Rules and thereby, to fix a reasonable rent as according to the petitioners, the school is being run for a public purpose. The respondents through the communication dated 26.02.2014 have rejected the request of the petitioners. It is in that light, the petitioners are before this Court in this petition.

(3.) Though the petitioners have referred to the manner in which the petitioners were put in possession of the petition schedule premises and the documents relating to the same have been relied upon, keeping in view the fact that the issue at the present is only with regard to the fixation of an appropriate rent for the period of lease and the manner in which the said consideration is required to be made, the other details need not be adverted.