M. SUNIL HEGDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has impugned the decision taken by the Rajya Dharmika Parishat - an authority constituted under the provisions of Section 20 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (for short, 'Act of 1997') and hereinafter referred to as the 'Dharmika Parishat' - on 23.3.2018 in its 14th Meeting, and the consequential Order dated 26.3.2018 by the Commissioner, Hindu Religious Institutions and Charitable Endowments (for short, the 'Commissioner for HRI and CE). By these impugned decision/order the respondent No.7 is appointed as the Hereditary Trustee and the respondent No.8 is appointed as the successor to the office of the Hereditary Trustee of the Temple, Sri. Mahatobara Veerabhadra Temple situated at Hiriyadaka, Bommarabettu Village, Udupi Taluk - respondent No. 6.

(2.) The appeal arises in the background of the following facts and circumstances as pleaded and canvassed in this appeal:

(3.) Sri Ashok Haranahalli, the learned senior counsel for the appellant canvassed multifold submissions which are as follows. The dispute as regards the appointment of a member from the Alva Hegde family as a Hereditary Trustee, and the appointment of Hereditary Managing Trustee/Trustee is a long pending dispute. These disputes have not been decided by a civil court. In fact, the Parishat Tribunal, while considering the respective claims in an earlier enquiry as per the orders of Division Bench of this court in a writ appeal in W.A. No.2642/2010, has categorically concluded that the aforesaid disputes cannot be decided by the Dharmika Parishat under the provisions of the Act of 1997 and relegated the parties to an appropriate civil proceedings before the competent civil court for adjudication. This dispute is pending adjudication in O.S. No. 297/2018. As such, the impugned decision/order is without jurisdiction on two counts. The impugned decision/order would tantamount to review of the decision of the Parishat tribunal on 8.2.2013, but the provisions of Act of 1997 do not confer power of review on Dharmika Parishat. The provisions of the Act of 1997 do not confer the necessary jurisdiction on the Dharmika Parishat to decide on questions relating to appointment of Hereditary Managing Trustee/Hereditary Trustee.