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NC: 2023:KHC:34612
WP No. 50139 of 2019
C/W WP No. 50452 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF SEPTEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE KRISHNA S DIXIT

WRIT PETITION NO. 50139 OF 2019 (GM-R/C)

C/W
WRIT PETITION NO. 50452 OF 2019 (GM-R/C)

IN W.P.NO.50139/2019:

BETWEEN:

SREE DURGAPARAMESHWARI TEMPLE,

KATEEL-574 148. MANGALORE TALUK.
DAKSHINA KANNADA DISTRICT.
BY ITS HEREDITARY TRUSTEES.
…PETITIONER
(BY SRI. P S RAJAGOPAL., SENIOR COUNSEL A/W
SRI. JAYANTH DEVKUMAR.,ADVOCATE)

Digitally AND:
signed by
SHARADA
VANI B 1. COMMISSIONER FOR HINDU RELIGIOUS
INSTITUTIONS AND CHARITABLE
Location:
HIGH COURT ENDOWMENTS IN KARNATAKA
OF 4TH FLOOR, SREE MINTO ANJANEYA
KARNATAKA VARTHA BHAVANA,
ALUR VENKATARAO ROAD,
CHAMARAJPET, BENGALURU-560 018.

2. DEPUTY COMMISSIONER FOR

HINDU RELIGIOUS AND
CHARITABLE ENDOWMENTS,
DAKSHINA KANNADA DISTRICT,
MANGALORE-575 001.
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NC: 2023:KHC:34612
WP No. 50139 of 2019
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3. KARNATAKA RAJYA DHARMIKA PARISHAT

REPRESENTED BY ITS SECRETARY THE
COMMISSIONER FOR HINDU RELIGIOUS
INSTITUTIONS AND CHARITABLE
ENDOWMENTS IN KARNATAKA, 4TH FLOOR,
SREE MINTO ANJANEYA VARTHA BHAVANA
ALUR VENKATARAO ROAD,
CHAMARAJPET, BENGALURU-560 018.

NOTE: RESPONDENT NO.4 IMPLEADED

V.C.O DATED 08.01.2020 ON IA.NO.2/2020

4. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINICPAL SECRETARY
DEPARTMENT OF REVENUE (MUZRAI)
VIKAS SOUDHA, DR. AMBEKDAR VEEDHI,
BENGALURU – 560 001.
…RESPONDENTS
(BY SRI.VIKRAM HILGOL.,AAG A/W
SRI. KIRAN KUMAR., HCGP FOR R1 TO R4)

THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE
RECORDS LEADING TO THE REPORT DATED 31.08.2019 AND
QUASH REPORT DATED 31.08.2019 (UNDER ANNX-A TO THE
W.P.) OF THE R-2/DEPUTY COMMISSIONER SUBMITTED TO
THE R-1 AND ALL ACTIONS TAKEN PURSUANT THERETO AND
GRANT ALL CONSEQUENTIAL BENEFITS.

IN W.P.NO.50452/2019:

BETWEEN:

1. SRI. P RAMA AMIN,

AGED ABOUT 64 YEARS,
S/O LATE MONAPPA POOJARY,
RESIDING AT 1-78-2, SRI DEVI KRIPA,
PANCHANADI, VAIDYANATHA NAGAR,
MANGALORE – 575 008.
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NC: 2023:KHC:34612
WP No. 50139 of 2019
C/W WP No. 50452 of 2019

2. SRI.SHIVADURAGA SHETTY,
AGED ABOUT 37 YEARS,
S/O RAMANNA SHETTY,
RESIDING AT 2-39/2, SADA GULABI,
BEHIND VIJAYA BANK, BONDEL,
MANGALORE – 575 008.

3. SRI.KISHORE RAI,
AGED ABOUT 52 YEARS,
S/O LATE LOKAPPA RAI,
RESIDING AT ‘SRI AHRI’,
AIRPORT ROAD,
OPPOSITE MARAKADA PETROL PUMP,
KUNJATHBAIL POST,
MANGALORE – 560 015.

4. SRI.SHAMBU SHETTY,
AGED ABOUT 60 YEARS,
S/O LATE MONAPPA SHETTY,
RESIDING AT 1-85, K K HOUSE,
KUNJATHBAIL VILLAGE & POST,
MANGALORE – 575 015.

5. SRI.B NARAYANA,
AGED ABOUT 69 YEARS,
S/O LATE VOMAYYA MURTHY,
RESIDING AT ‘SRI DEVI KRIPA DOTA’,
KUNJATHABAIL POST,
VIA GANDHI NAGARA,
KAVOOR, MANGALORE – 575 015.

6. SRI.NEMI RAJA SHETTY,

AGED ABOUT 53 YEARS,
S/O LATE CHIKKAYYA SHETTY,
RESIDING AT GANDHINAGARA,
JUNIOR COLLEGE ROAD,YEKKARADI,
KAVOOR POST, MANGALORE – 575 015.

(PETITIONERS NO.1,4 AND 5 DO NOT

CLAIM SENIOR CITIZEN BENEFIT)
…PETITIONERS
(BY SMT. SINCHANA M R.,ADVOCATE)
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NC: 2023:KHC:34612
WP No. 50139 of 2019
C/W WP No. 50452 of 2019

AND:

1. COMMISSIONER FOR HINDU RELIGIOUS

INSTITUTIONS AND CHARITABLE
ENDOWMENTS IN KARNATAKA
4TH FLOOR, SREE MINTO ANJANEYA
VARTHA BHAVANA,
ALUR VENKATARAO ROAD,
CHAMARAJPET, BENGALURU-560 018.

2. DEPUTY COMMISSIONER,
FOR HINDU RELIGIOUS AND
CHARITABLE ENDOWMENTS,
DAKSHINA KANNADA DISTRICT,
MANGALORE-575 001.

3. KARNATAKA RAJYA DHARMIKA PARISHAT

REPRESENTED BY ITS SECRETARY THE
COMMISSIONER FOR HINDU RELIGIOUS
INSTITUTIONS AND CHARITABLE
ENDOWMENTS IN KARNATAKA, 4TH FLOOR,
SREE MINTO ANJANEYA VARTHA BHAVANA
ALUR VENKATARAO ROAD, CHAMARAJPET,
BENGALURU-560 001.

4. ASSISTANT COMMISSIONER,
HINDU RELIGIOUS INSTITUTIONS &
CHARITABLE ENDOWMENTS,
DEPUTY COMMISSIONER’S OFFICE BUILDING,
MANGALORE – 575 001.

5. SREE DURGA PARAMESHWARI TEMPLE,

KATEEL-574 14, MANGALORE TALUK.
DAKSHINA KANNADA DISTRICT.
BY ITS HEREDITARY TRUSTEES.

NOTE: R6 IMPLEADED
V.C.O DATED 08.01.2023
ON I.A.NO.2/2020.

6. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE (MUZRAI)
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NC: 2023:KHC:34612
WP No. 50139 of 2019
C/W WP No. 50452 of 2019

VIKAS SOUDHA,
DR.AMBEKDAR VEEDHI,
BENGALURU – 560 001.

…RESPONDENTS

(BY SRI.VIKRAM HILGOL., AAG A/W

SRI. KIRAN KUMAR., HCGP FOR R1 TO R4;
SRI. P S RAJAGOPAL., SENIOR COUNSEL A/W
SRI. JAYANTH DEVKUMAR., ADVOCATE FOR R5)

THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE
RECORDS LEADING TO THE REPORT DATED 31.08.2019 AND
QUASH REPORT DATED 31.08.2019 (UNDER ANNX-A TO THE
W.P.) OF THE R-2/DEPUTY COMMISSIONER SUBMITTED TO
THE R-1 AND ALL ACTIONS TAKEN PURSUANT THERETO AND
GRANT ALL CONSEQUENTIAL BENEFITS.

THESE PETITIONS COMING ON FOR FURTHER HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

These Petitions involving certain intricacies of law &

facts, were extensively argued at the Bar. On the

suggestion of this Court, both the sides fairly agree to the

following arrangement:

i) The impugned Reports of the Inquiry be set at

naught and matters be remitted to the portals of

Deputy Commissioner for conducting a de novo

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NC: 2023:KHC:34612
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C/W WP No. 50452 of 2019

Inquiry with the participation of all the stakeholders

including the impleading applicants herein,

Yakshagaana Artists, representatives of

Yakshagaana Melaas.

ii) The enquiry proceedings in a summary manner shall

be held in accordance with the provisions of CPC,

1908 as indicated in Sections 65 & 66 of the Hindu

Religious Institutions and Charitable Endowments

Act, 1997 and the Rules promulgated thereunder.

iii) It is open to the participants to file fresh Pleadings

or the like, propose Draft Issues/Points and to lead

evidence, both oral & documentary, but in very

brief. All contentions are kept open. Participants may

be represented by their Advocates, who may submit

a brief Written Arguments after exchanging copies

thereof with each other.

iv) No party or participant or any other stakeholder

shall be given any adjournment in the Inquiry since

the same has to be concluded within an outer limit

of six weeks, which includes submission of Report to

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C/W WP No. 50452 of 2019

the Commissioner, Hindu Religious Institutions (‘HRI’

for short); a copy of the Report shall be supplied to

all.

v) The Commissioner, HRI shall consider the

representations that may be filed by the participants

or any other person interested in the Temple

Yakshagaana or members of Yakshagaana Melaa

before 9th of November, 2023 and no further time

will be granted for this in any circumstance.

vi) The Commissioner, HRI shall consider the Inquiry

Report in the light of all the representations and

pass the Final Order and file Compliance Report with

the Registrar General of this Court on or before

23.11.2023.

All the parties to the proceedings through their

advocates are instructed to appear before the

jurisdictional Deputy Commissioner on 30.09.2023 at 2.00

pm and seek further instructions at his hands.

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Ordered accordingly & Writ Petitions are disposed

off.

In view of disposal of Writ Petitions, all pending

impleading applications pale into insignificance.

Sd/-
JUDGE

cbc
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