WP50139 19 23 09 2023

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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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WP No. 50139 of 2019
C/W WP No. 50452 of 2019
3. KARNATAKA RAJYA DHARMIKA PARISHAT

REPRESENTED BY ITS SECRETARY THE
COMMISSIONER FOR HINDU RELIGIOUS
ENDOWMENTS IN KARNATAKA, 4TH FLOOR,
SREE MINTO ANJANEYA VARTHA BHAVANA
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,
S/O RAMANNA SHETTY,
RESIDING AT 2-39/2, SADA GULABI,
BEHIND VIJAYA BANK, BONDEL,
3. SRI.KISHORE RAI,
S/O LATE LOKAPPA RAI,
RESIDING AT ‘SRI AHRI’,
AIRPORT ROAD,
OPPOSITE MARAKADA PETROL PUMP,
KUNJATHBAIL POST,
4. SRI.SHAMBU SHETTY,
S/O LATE MONAPPA SHETTY,
RESIDING AT 1-85, K K HOUSE,
KUNJATHBAIL VILLAGE & POST,
5. SRI.B NARAYANA,
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,

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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WP No. 50139 of 2019
C/W WP No. 50452 of 2019
AND:
1. COMMISSIONER FOR HINDU RELIGIOUS

ENDOWMENTS IN KARNATAKA
4TH FLOOR, SREE MINTO ANJANEYA
VARTHA BHAVANA,
2. DEPUTY COMMISSIONER,
FOR HINDU RELIGIOUS AND
DAKSHINA KANNADA DISTRICT,
MANGALORE-575 001.
3. KARNATAKA RAJYA DHARMIKA PARISHAT

REPRESENTED BY ITS SECRETARY THE
COMMISSIONER FOR HINDU RELIGIOUS
ENDOWMENTS IN KARNATAKA, 4TH FLOOR,
SREE MINTO ANJANEYA VARTHA BHAVANA
ALUR VENKATARAO ROAD, CHAMARAJPET,
BENGALURU-560 001.
4. ASSISTANT COMMISSIONER,
HINDU RELIGIOUS INSTITUTIONS &
DEPUTY COMMISSIONER’S OFFICE BUILDING,
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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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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WP No. 50139 of 2019
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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WP No. 50139 of 2019
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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WP No. 50139 of 2019
C/W WP No. 50452 of 2019
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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-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF SEPTEMBER, 2023

THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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

SREE DURGAPARAMESHWARI TEMPLE,

2. DEPUTY COMMISSIONER FOR

3. KARNATAKA RAJYA DHARMIKA PARISHAT

NOTE: RESPONDENT NO.4 IMPLEADED

THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE

1. SRI. P RAMA AMIN,

6. SRI.NEMI RAJA SHETTY,

(PETITIONERS NO.1,4 AND 5 DO NOT

1. COMMISSIONER FOR HINDU RELIGIOUS

3. KARNATAKA RAJYA DHARMIKA PARISHAT

5. SREE DURGA PARAMESHWARI TEMPLE,

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

THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE

THESE PETITIONS COMING ON FOR FURTHER HEARING,

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

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

Inquiry with the participation of all the stakeholders

including the impleading applicants herein,

Yakshagaana Artists, representatives of

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

the Commissioner, Hindu Religious Institutions (‘HRI’

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

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

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