K. SHIVARAJ SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri. Sanathkumar Shetty K, learned counsel for the petitioner. Sri. V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 3. Sri. Pundikai Ishwara Bhat, learned counsel for respondent No.4. Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.

(2.) In this petition, petitioner inter alia has prayed for a writ of certiorari for quashment of the order dated 11.01.2019 passed by respondent No.2 to the extent of granting permission in favour of respondent No.4 for holding Harike Nemothsava on 2nd and 3rd of March, 2019.

(3.) When the matter was taken up today, learned counsel for the petitioner, while inviting the attention of this Court to the judgment dated 18.11.2008 passed in Regular Second Appeal No.180/2007 c/w Regular Second Appeal No.1828/2008, submitted that in paragraph No.4 of the aforesaid judgment, a finding has been recorded in favour of the petitioner that petitioner is in possession of suit-Temple and he is managing the affairs of the temple. It is further submitted that on an earlier occasion also respondent No.4-Samithi has approached this Court and its relief to perform the pooja was refused by order dated 03.02.2009 and therefore, respondent No.4 should be restrained from performing the pooja.