SHREEE GALI ANJANEYA SWAMY TEMPLE vs THE UNDER SECRETARY
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 20918 OF 2025 (GM-R/C)
BETWEEN:
1. SHREEE GALI ANJANEYA SWAMY TEMPLE
BYATARAYANAPURA, MYSORE ROAD,
BANGALORE560 026
REPRESENTED BY ITS TRUSTEE AND
CONVENOR SRI.B.P.NAGARAJU @ASHOK
2. SHREE GALI ANJANEYA
SWAMY TEMPLE TRUST
BYATARAYANAPURA, MYSORE ROAD,
BANGALORE - 560 026.
REGISTERED UNDER INDIAN TRUST ACT 1882
REPRESENTED BY ITS TRUSTEE AND
CONVENOR SRI.B.P.NAGARAJU @ASHOK
3. SRI.B.M.HANUMANTHAPPA
S/O.LATE B.V.MUNIYAPPA,
AGED 75 YEARS, NO. E-49,
5TH CROSS, 1ST MAIN ROAD,
OPPOSITE GOVERNMENT MIDDLE COLLEGE,
BYATARAYANAPURA, MYSORE ROAD,
BANGALORE 560 026.
(PRESIDENT OF TEMPLE TRUST)
4. SRI.B.M.PATEL PANDU
S/O.LATE MUNIYAPPA
AGED 69 YEARS, FOUNDER,
SRI.PATEL GULLAPPA EDUCATIONAL
INSTITUTION AVALAHALLI,
MYSORE ROAD, BANGALORE560 026
(VICE-PRESIDENT OF THE TEMPLE TRUST).
- 2 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
5. SRI.B.P.NAGARAJU @ASHOK
S/O.LATE B.V.POOJALAH
AGED 54 YEARS NO.2,
OLD NO.200, 8TH CROSS,
BAPUJI EXTENSION,
CHANDRA LAYOUT, NEAR ADIGAS HOTEL,
VIJAYANAGAR, BANGALORE - 560 040.
…PETITIONERS
(BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR
SRI. HATTARAKIHAL PARASHURAM.,ADVOCATE)
AND:
1. THE UNDER SECRETARY
TO THE DEPARTMENT OF REVENUE
(THE RELIGIOUS AND ENDOWMENTS
DEPARTMENT) THE KARNATAKA
STATE OF KEMPEGOWDA ROAD,
BEHIND KANDAYA BHAVANA,
BENGALURU URBAN DISTRICT
BENGALURU-560009
2. OFFICE OF THE COMMISSIONER
FOR HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE DEPARTMENT ENDOWMENTS
KEMPEGOWDA ROAD, BEHIND
KANDAYA BHAVANA,
BENGALURU URBAN DISTRICT
BENGALURU- 560009
3. OFFICE OF THE ADDITIONAL DEPUTY
COMMISSIONER
FOR HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS DEPARTMENT
KEMPEGOWDA ROAD,
BEHIND KANDAYA BHAVANA,
BENGALURU URBAN DISTRICT
BENGALURU- 560009
- 3 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
AND ALSO AT MUZRAI WORKS NAGARA
SABHAVAYALA 4TH FLOOR,
PODIUM BLOCK,
VISHWESHRAYYA GOPURA,
BENGALURU 560 001.
4. OFFICE OF THE ASSISTANT COMMISSIONER
FOR HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS DEPARTMENT
MUZRAI WORKS NAGARA
SABHAVAYALA 4TH FLOOR,
PODIUM BLOCK, VISHWESHRAYYA GOPURA,
BENGALURU 560 001.
5. SRI AVALAHALLI CHANDRAPPA
S/O LATE A G RANGASWAMY
R/AT NO.13, BEHIND VENKATESHWARA THEARTRE
AVALAHALLI MYSORE ROAD
BENGALURU 560026
6. SHRI HANUMANTHAPPA
S/O LATE MUNIYAPPA
ST RD
NO.28, 1 MAIN ROAD, 3 CROSS,
BYATARAYANAPURA, BENGALURU 560026
…RESPONDENTS
(BY SRI. HARISHA A S, AGA FOR R1 TO R4
SRI. V B SHIVAKUMAR, ADVOCATE FOR R5 AND R6)
THIS W.P. IS FILED UNDER ARTICLS 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DTD. 08.07.2025 BEARING ORDER NO. RD/39/MAAB-
2025 WHICH IS AT ANNX-A ISSUED BY R-1.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
- 4 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
ORAL ORDER
1. The present petition is filed seeking for the following relief
a. Issue a Writ of Certiorari or a Writ in the
nature of a Writ of Certiorari and quash the
Impugned Order dated 08.07.2025 bearing
Order No.RD/39/MAAB-2025 which is at
Annexure A issued by respondent No.3.
b. Issue a Writ of Prohibition or a Writ in the
nature of a Writ of Prohibition and pass an
order restraining the Respondents from
initiating any action against the Petitioners
based upon the Impugned Order.
c. May pass any other Order in the interest of
justice, equity and good conscience.
d. Direct the Respondents to pay the cost of
present litigation.
2. The relevant facts in a nutshell are that the respondent
No.4-Assistant Commissioner issued a notice dated 10.10.2024
(Annexure - D to the writ petition) under Sections 42 and 43 of
the Hindu Religious Institutions and Charitable Endowments
1
Act, 1997 requiring the petitioners to show cause as to why
the temple shouldn't be brought under the administration of the
Hindu Religious Institutions and Charitable Endowments
Department alleging mismanagement of the funds/trust
1
hereinafter referred to as 'Act'
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 5 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
properties and calling upon the petitioners to respond to the
same. Consequent to the said notice dated 10.10.2024, the
petitioners have issued various responses dated 18.11.2024,
17.12.2024 and 31.01.2025 (Annexure - E series to the writ
petition). Thereafter, the respondent No.3-Additional Deputy
Commissioner conducted an enquiry and submitted the report
to the respondent No.2- Commissioner. The said report was
forwarded by the respondent No.2 - Commissioner to the
respondent No.1 - Under Secretary who has passed the
impugned order dated 08.07.2025 (Annexure - A to the writ
petition). Being aggrieved, the present writ petition is filed.
Consequent to the order dated 27.08.2026 passed in the
present writ petition, the writ petition has been amended and
the amended petition has been filed.
3. The respondents - State have also filed statement of
objections to the main writ petition as well as the additional
statement of objections to the amended writ petition.
4. It is the primary contention of the learned Senior Counsel
appearing for the petitioners that the notice dated 10.10.2024
was issued by the Assistant Commissioner under Section 42
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 6 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
and 43 of the Act; that the notice is required to be issued under
sub section (1) of Section 43 of the Act by the Commissioner;
that the notice having been issued by the Assistant
Commissioner, the initiation of proceedings is erroneous and
hence, the order dated 08.07.2025 (Annexure - A to the writ
petition) is required to be set aside.
5. In support of the said contention, reliance is placed on
behalf of the petitioners on the Division Bench judgment of this
Court in the case of Sri Sudakar Gowda and others Vs.
2
Smt. Manorama S. Shetty and others .
6. Per contra, learned AGA justifying the action taken by the
respondents - State relies on the Division Bench Judgment of
this Court in the case of the President, Shri Vishnumurthy
3
Temple Vs. The Commissioner and others to contend that
the relief sought for by the in the writ petition does not merit
consideration.
7. It is undisputed that the notice dated 10.10.2024
(Annexure - D to the writ petition) whereunder the
proceedings have been initiated under Sections 42 and 43 of
2
W.A. No.578/2026 - 30.6.2026; NC:2026: KHC:32365 - DB
3
W.A.919/2025 - judgment dated 18.09.2026; NC:2026:KHC:51037 - DB
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 7 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
the Act has been issued by the Assistant Commissioner. The
same is also forthcoming from the averments made in the
additional statement of objections filed on behalf of the State.
The relevant paras 6 and 7 of the additional statement of
objections are extracted hereunder for ready reference.
rd
It is further submitted that, the 3
6.
respondents Deputy Commissioner by letter
th
dated 05.10.2024 has directed the 4
respondent - Assistant Commissioner, Muzarai
Works, Bengaluru City Corporation Area to
conduct a spot Inspection and to submit a
report regarding the misuse of temple fund by
the employees of Shree Gali Anjaneya Swamy
Temple during counting of donation box(Hundi).
The copy of the letter dated 05.10.2024 is
herewith produced and marked as ANNEXURE-
R5 .
th
7. It is further submitted that, the 4
respondent Assistant Commissioner, Muzarai
Works, Bengaluru City Corporation area has
issued a notice dated 10.10.2024 to the
President of Shree Gaali Anjaneya Swamy
Temple Trust seeking for produce certain
documents and show cause why not the
management of temple to be takeover by the
Muzarai Department under Section 42 and 43 of
the Karnataka Hindu Religious Institutions and
Charitable Endowments Act, 1997 by way of
reply within 15 days form the date of receipt of
the notice. The copy of the Notice dated
10.10.2024 is herewith produced and marked as
ANNEXURE-R6 .
(emphasis supplied)
8. Sections 42 and 43 of the Act reads under:
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 8 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
42. Declared Institutions .- The State
Government may, where it is satisfied on a
report of the Commissioner under section 43 or
otherwise that any Hindu Religious Institution,
whether or not governed by a settled scheme, is
being mismanaged, declare such institution to
be subject to the regulation of this chapter:
Provided no such declaration shall be made
without following the procedure hereinafter
specified.
43. Notice to show cause .- (1) Where the
Commissioner has reason to believe that a
Hindu Religious Institution whether or not
governed by a settled scheme is being
mismanaged and he is satisfied that in the
interest of its administration, it is necessary to
take proceedings under this chapter, he may, by
notice published in the prescribed manner, call
upon the Manager and all other persons having
interest, to show cause why such institution
should not be declared to be subject to the
provisions of this Chapter.
(2) Such notice shall state the reasons for the
action proposed and specify a reasonable time,
not being less than one month from the date of
issue of the notice, for showing such cause.
(3) The Manager or any person having interest
may thereupon prefer his objections, if any, to
the issue of a declaration under this chapter.
(4) Such objections shall be in writing and shall
reach the Commissioner before the expiry of the
time specified in the notice aforesaid or within
such further time not exceeding forty five days
on the whole as may be extended by the
Commissioner.
(5) Where no objections are received within the
time so specified or extended, the State
Government may, on receipt of a report from
the Commissioner to that effect, by a
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 9 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
notification published in the official Gazette
declare such Hindu Religious Institution to be
subject to the provisions of this Chapter.
(6) Where objections are received within the
time so specified or extended, the
Commissioner may authorise any officer
subordinate to him to hold an enquiry into the
objections in the manner prescribed who shall
after giving the Manager or any person having
interest an opportunity of being heard submit
his enquiry report to the Commissioner as to
whether or not the Institution should be
declared to be subject to the provisions of this
Chapter.
(7) After considering the enquiry report referred
to in sub-section (6), if the Commissioner
decides that the Institution should be declared
as aforesaid, he shall make a report to that
effect to the State Government, which may, by
notification declare such Hindu religious
Institution to be subject to the provisions of this
Chapter.
(8) Every Notification issued under sub-section
(5) or (7) shall remain in force for such period
as may be specified therein and which may be
extended further, so however that the total
period shall not exceed five years from the date
of the first notification, or till a new Committee
of Management is formed to the satisfaction of
the State Government whichever is earlier.
(9) Where a new Committee is formed to the
satisfaction of the State Government, the State
Government may on its own or on the report of
the Commissioner direct the Executive Officer
appointed for the institution to handover the
management of the Institution to the new
committee of management.
(emphasis supplied)
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 10 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
9. It is clear from a plain reading of sub section (1) of Section
43 of the Act that the Commissioner has to record 'reason to
believe' that the Hindu religious institution is being
mismanaged and that he is satisfied that in the interest of its
administration, it is necessary to take proceedings under the
provisions of the Act and for the said purpose he was required
to issue a notice to the manager and all other persons having
interest in the religious institution. It is further clear that the
said notice is to be issued by the Commissioner.
10. A Division Bench of this Court in the case of Sri Sudakar
2
Gowda and others considering a fact situation wherein, a
learned Single Judge had allowed the writ petition by recording
a finding that the notice in the said case was issued by the
Assistant Commissioner and the same was not in conformity
with Section 43(2) of the Act considering the said appeal, the
Division Bench noticing sub sections (1) and (2) of Section 43
of the Act held as under:
"5. A plain reading of Sub -section (1) of Section
43 of the said Act indicates that the show cause
notice can be issued only in a case (i) where the
Commissioner has a reason to believe that the
Hindu Religious Institution in question is being
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 11 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
mismanaged; and (ii) he is satisfied that in the
interest of administration, it is necessary to take
proceedings for notifying the temple as a
declared institution.
xxx
8. Sub-section (1) of Section 43 of the said Act
makes it amply clear that it is the Commissioner
who is required to have such reasons to believe
that the institution is being mismanaged.
Further, Sub-section (1) of Section 43 of the
requires
said Act the Commissioner to be
satisfied that it is necessary to initiate
proceedings in the interest of administration of
the institution in question. The existence of a
reason to believe that the institution has been
mismanaged, and satisfaction that it is
necessary to initiate proceedings, is sine qua
non for the issuance of a show-cause notice.
9. In the present case, the show-cause notice
has not been issued by the Commissioner . Thus,
the condition that the concerned authority
(Commissioner) has reasons to believe that the
religious institution has been mismanaged and
is satisfied that the proceedings are to be
initiated has not been met.
10. In the aforesaid view, the learned Single
Judge has rightly held that in the given facts,
interference of the court would be warranted.
Since the jurisdictional conditions for issuance
of a show cause notice and commencing the
proceedings under Sections 42 and 43 of the
said Act were not satisfied, the Government
Order, issued on the culmination of the said
proceedings, would not be sustainable.
11. We find no infirmity with the impugned
order. The appeal is unmerited and is
accordingly, dismissed.”
(emphasis supplied)
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 12 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
11. The reliance placed by the learned AGA on the Division
Bench Judgment of this Court in the case of the President,
3
Shri Vishnumurthy Temple would not aid the case of the
respondents inasmuch as in the said case, this Court was
considering a fact situation whereunder consequent to the
notice issued by the Commissioner, the enquiry was conducted
by the Deputy Assistant Commissioner consequent to a sub-
delegation made by the Deputy Commission. The said aspect of
the matter is coming from paras No.12 and 13 of the said
order.
12. It is also pertinent to notice that the Division Bench of this
Court in the case of the President, Shri Vishnumurthy
3
Temple reiterated the legal position as held in the case of Sri
2
Sudharkara Gowda and others . The relevant paras 15, 20
and 21 reads as under:
"15. A plain reading of Sub-section (1) of
Section 43 of the Act indicates that where a
Commissioner has reason to believe that a
Hindu Religious Institution is being mismanaged
and he is satisfied that in the interest of
administration, it is necessary to take
proceedings for declaring it a notified institution,
he would issue a notice published in the
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 13 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
prescribed manner calling upon the Manager
and other interested persons to show cause why
the institution should not be declared as a
‘Declared Institution’ under Section 42 of the
Act. The jurisdictional condition for issuing a
show cause notice is the existence of reason to
believe that the Hindu Religious Institution is
being mismanaged.
20.We may, at this stage, note that the notice
under Section 43(1) of the Act is only a
preliminary notice and thus, requires the
Commissioner to form a final opinion that the
affairs of the institution are being mismanaged.
21. In the event that objections are received to
the show cause notice issued under Section
43(1) of the Act, by virtue of Section 43(6) of
the Act, the Commissioner has the power to
authorise any officer subordinate to him to hold
an enquiry into the objections in the manner as
prescribed after giving the Manager or any
person having an interest an opportunity to be
heard. The said officer is required to afford the
Manager or any person having an interest an
opportunity to be heard and thereafter, submit
an enquiry report to the Commissioner on
whether or not the institution should be
declared a ‘Declared Institution’ under Section
42 of the Act."
13. Although a contention is put forth on behalf of the
petitioners as to the further steps that could be taken by the
State in the event, the order dated 08.07.2025 is erroneous,
the said aspect of the matter is not considered at the present
stage since the same would be premature.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 14 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
14. Needless to state that it is open for the official
respondents to initiate such proceedings as may be permissible
under law and if such proceedings are initiated, it is open to the
petitioner to contest the same in accordance with law. All rights
and contentions of the parties in that regard are kept open.
15. In view of the aforementioned, it is clear that the notice
under Section 43 of the Act is required to be issued by the
Commissioner, which admittedly has not been done in the
present case. Accordingly, the relief sought for by the petitioner
in the present writ petition merits consideration.
16. Accordingly, the Government Order bearing
No.RD/39/MAAB-2025 dated 08.07.2025. passed by the
respondent No.1 (Annexure - A to the writ petition) is hereby
quashed.
17. At this stage, a submission is made on behalf of the
petitioner that the order dated 08.07.2025 which has been
quashed has already been given effect to and the administrator
is conducting the affairs of the institution.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 15 -
HC-KAR
NC: 2026:KHC:59160
WP No. 20918 of 2025
CNR: KAHC010464072025
18. The basis on which the administrator is conducting the
affairs having been quashed, the administrator shall forthwith
hand over the affairs of the institution to the entity form which
he took over the same. Needful to be done as expeditiously as
possible not later than one week from the date of receipt of a
copy of this order.
19. The writ petition is partly allowed in the aforementioned
terms.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
(C.M. POONACHA)
JUDGE
BS
List No.: 1 Sl No.: 20