VITTALA SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants have impugned the order dated 26.03.2018 passed in NO.RDP/TRI/17/2012-13 by the Rajya Dharmika Parishat, Bengaluru, and this order relates to the appointment of Hereditary Trustees for the Management of Shree Mandarti Durga Parameshwari Temple (referred to as 'Temple') of Heggunje Village of Udupi Taluk and District.

(2.) Admittedly, the Temple is more than three hundred years old. The Temple is established by the 'Heggunje Family' from the Bunt community, and the Temple was managed/administered in terms of the Scheme settled in the year 1938 under the provisions Madras Hindu Religious Endowments Act, 1926 until this Scheme was modified in 1951. The Heggunje family now comprises of five branches namely, Heggunje Melmane, Heggunje Doddamane, Heggunje Badamane, Heggunje Hosamane and Heggunje Chavadimane. There are controversies as regards the persons who function as trustees of this Temple.

(3.) The appellants contend that in the year 2012, the Commissioner, Religious and Charitable Endowments, proposed appointment of nine persons as Trustees, and proceedings in that regard were pending consideration. However, with the amendment to the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (for short, 'Act of 1997'), such proceedings were transferred to the Rajya Dharmika Parishat, and thereafter, to Rajya Dharmika Nyayadhikarana, the Tribunal constituted by the Rajya Dharmika Parishat in exercise of powers under Section 20-A (2)(iv) of the Act of 1997. When the proceedings were pending before the Rajya Dharmika Nyayadhikarana, the Respondents No.3, 4 and 5 filed a Joint Memo making a fresh claim that they be declared as "Hereditary Trustees".