D. S RAGHAVENDRA WODEYAR S/O. LATE D.S. PRABHAKAR WODEYAR vs THE DEPUTY COMMISSIONER

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WP No. 103119 of 2025

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD

TH
DATED THIS THE 14 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 106994 OF 2025 (GM-R/C)

C/W

WRIT PETITION NO. 102900 OF 2025 (GM-R/C)

WRIT PETITION NO. 103119 OF 2025 (GM-RES)

IN WP NO. 106994/2025

BETWEEN:

1. D.S. RAGHAVENDRA WODEYAR
S/O. LATE D.S. PRABHAKAR WODEYAR
AGED ABOUT 36 YEARS (GURU @ PRIEST)
MAILARA, HOOVINA HADAGALI (TALUK)
VIJAYANAGAR (DISTRICT) 5832317.

2. D.S. LINGESH WODEYAR
S/O. D.S. ANADGIRI WODEYAR
AGED ABOUT 40 YEARS (GURU @ PRIEST)
MAILARA, HOOVINA HADAGALI (TALUK)
VIJAYANAGAR (DISTRICT) 5832317.

SAROJA
HANGARAKI
3. D.S. GURURAJ WODEYAR
S/O. LATE D.S. PRAKASH WODEYAR (SERVICE)
AGED ABOUT 40 YEARS,
MAILARA, HOOVINA HADAGALI (TALUK)
VIJAYANAGAR (DISTRICT) 5832317.

Digitally signed by
SAROJA HANGARAKI
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
4. D.S. VINAYAK WODEYAR
S/O. D.S. PRAKASH WODEYAR
AGED ABOUT 33 YEARS, (GURU @ PRIEST)
MAILARA, HOOVINA HADAGALI (TALUK)
VIJAYANAGAR (DISTRICT) 5832317.
5. D.S. NAGABHUSHAN WODEYAR
S/O. D.S. SADHASHIV WODEYAR
AGED ABOUT 44 (GURU @ PRIEST)

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MAILARA, HOOVINA HADAGALI (TALUK)
VIJAYANAGAR (DISTRICT) 5832317.

6. D.S. SWAMY VIVEKANANDA WODEYAR
S/O. D.S. DODDAIAH WODEYAR,
AGED ABOUT 30 YEARS (GURU @ PRIEST)
MAILARA, HOOVINA HADAGALI (TALUK)
VIJAYANAGAR (DISTRICT) 5832317.

7. D.S. HARSHAVARDHAN WODEYAR
S/O. LATE D.S. JAYAPRAKASH WODEYAR
AGED ABOUT 24 YEARS (GURU @ PRIEST)
MAILARA, HOOVINA HADAGALI (TALUK)
VIJAYANAGAR (DISTRICT) 5832317.

8. D.S. KADAPPAIAH WODEYAR
S/O. LATE D.S. BALACHANDRA WODEYAR
AGED ABOUT 40 YEARS, (GURU @ PRIEST)
MAILARA, HOOVINA HADAGALI (TALUK)
VIJAYANAGAR (DISTRICT) 5832317.
…PETITIONERS
(BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER,
TB DAM ROAD, HOSAPETE TALUK,
VIJAYANAGARA DISTRICT,
KARNATAKA-583101.

2. THE ASSISTANT COMMISSIONER,
VIJAYANAGAR, DISTRICT KARNATAKA-583101.

3.

EXECUTIVE OFFICER,
SRI MYLARA LINGESHWARA TEMPLE,
MYLARA TALUK HOOVINAHADGALI
VIJAYANAGAR DISTRICT, KARNATAKA-583101.

4. SRI PRAMOD BHAT S/O LATE MARTHANDAPPA BHAT
AGE: 37 YEARS, OCC. PRADHAN ARCHAK
AT MYLARA LINGESHWARA TEMPLE,
R/O. MYLARA VILLAGE, TALUK HOOVINAHADGALI
VIJAYANAGAR DISTRICT, KARNATAKA-583101.

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…RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1 TO R3;
SRI. H.M. DHARIGOND, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE
RESPONDENT NO.1 DATED 22.12.2024 BEARING NO. Sum/Kum/
DVS/CR/160/2024-25 WHICH IS PRODUCED AT ANNEXURE-G, WITH
RESPECT TO PETITIONERS ARE CONCERNED AND ETC.

IN WP NO. 102900/2025

BETWEEN:

SRI. GURU VENKAPPAYYA WODEYAR
S/O SRI GURU JAYACHANDRAM WODEYAR
AGED ABOUT 56 YEARS
HEREDITARY TRUSTEE AND HIGH PRIEST
SRI MYALARA LINGESHWARA SWAMY DEVASTANA
MYLARA VILLAGE, HIREMYLAR,
HOOVINAHADAGALI TALUK 583219
VIJAYANAGARA DISTRICT.
...PETITIONER
(BY SRI. HARISH NARASAPPA, SENIOR COUNSEL FOR SRI.
SHIVRAJ S. BALLOLI, ADVOCATE)

AND:
1. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF HINDU RELIGIOUS
INSTITUTIONS AND CHARITABLE ENDOWMENTS
ND RD
2 AND 3 FLOOR,
MAHADESHWARA VARTHA BHAVAN,
VENKAT RAO RAOD,
CHAMRAJPET, BENGALURU 560018.

2. THE DEPUTY COMMISSIONER, VIJAYANGARA,
TB DAM ROAD, HOSAPETE,
TQ. HOSAPETE, DIST. VIJAYANAGARA 583 201.

3. THE EXECUTIVE OFFICER,
SRI MYALARA LINGESHWARA SWAMY DEVASTANA,
MYLARA / HIREMYLAR VILLAGE,
HOOVINAHADAGALI TALUK,

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DIST. VIJAYANAGAR-583101.

4. THE ASSISTANT COMMISSIONER,
HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS DEPARTMENT,
BALLARI/VIJAYANGARA,
DIST. BALLARI 583 101.

5. SHRI RAVINDRA S/O MARTANDAPPA MALDAR
AGE. MAJOR,
OCC. HOLDER OF RELIGIOUS POST OF SILVER CANE
HOLDER
R/O. MAILARALINGESHWARA TEMPLE,
MAILAR, TAL. HUVINAHADAGALI,
DIST. VIJAYANAGARA 583 219.
...RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1 TO R4;
SRI. H.M. DHARIGOND, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED DIRECTIONS ISSUED BY THE RESPONDENT NO.2 TO
RESPONDENT NO.4 IN THE IMPUGNED ORDER DATED
06/02/2025 PASSED BY THE RESPONDENT NO.2 IN
PROCEEDINGS BEARING DVS.CR.27.2021-22 VIDE ANNEXURE-
A, AND ETC.

IN WP NO. 103119/2025

BETWEEN:

1. SRI MYLARA LINGASWAMY SWAMY
SRI MYLARALINGESHWARA SWAMY DEVASTANA
MYLARA VILLAGE, HIREMYLAR,
HOOVINAHADAGALI TALUK,
VIJAYANAGAR DISTRICT, KARNATAKA 583219,
R/BY ITS DHARMAKARTA/HIGH PRIEST GURU
SRI GURU VENKAPPAIAH WODEYAR

2. SRI GURU VENKAPPAIAH WODEYAR
S/O SRI GURU JAYACHANDRAM WODEYAR,
AGED ABOUT 56 YEARS,
OCC. HEREDITARY TRUSTEE AND PRADHANA ARCHAKA

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SRI MYLARALINGESHWARA SWAMY DEVASTANA,
MYLARA VILLAGE, HIREMYLAR,
HOOVINAHADAGALI TALUK,
VIJAYANAGAR DISTRICT 583219.
...PETITIONERS
(BY SRI. HARISH NARASAPPA, SENIOR COUNSEL FOR SRI.
SHIVRAJ S. BALLOLI, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER,
TB DAM ROAD, HOSAPETE TALUK,
VIJAYANAGARA DISTRICT 583201.

2. THE ASSISTANT COMMISSIONER,
HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS,
VIJAYANAGAR, TQ. HOSAPETE,
DISTRICT. VIJAYANAGAR 583201.

3. EXECUTIVE OFFICER,
SRI MYLARALINGESHWARA TEMPLE,
MYLARA, TALUK HOOVINHADGALI,
VIJAYANAGAR DISTRICT 583101.

4. SRI PRAMOD BHAT S/O LATE MARTHANDAPPA BHAT
AGE: 37 YEARS, OCC. PRADHANA ARCHAKA
SRI MYLARALINGESHWARA TEMPLE,
R/O. MYLARA VILLAGE,
TQ. HOOVINAHADAGALI TALUK,
DIST. VIJAYANAGAR DISTRICT 583219.

5. SRI. PRABHANAND NINGAPPA ITAGI
AGE: 41 YEARS, OCC. PACHAM PUJARI (PARICHARAKARU)
AT MYLARALINGESHWARA TEMPLE,
R/O. MYLARA VILLAGE,
TQ. HOOVINAHADAGALI TALUK,
DIST. VIJAYANAGAR DISTRICT 583219.

6. SRI. ANIL S/O SHIVAPPA DALAWAI
AGE: 37 YEARS, OCC. SARAPALI YALIYUA BABUDAR
AT MYLARALINGESHWARA TEMPLE,
R/O. MYLARA VILLAGE,
TQ. HOOVINAHADAGALI TALUK,

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DIST. VIJAYANAGAR DISTRICT 583219.

(AMENDMENT CARRIED OUT AS PER ORDER DATED
28.08.2025)
...RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1 TO R4;
SRI. H.M. DHARIGOND, ADVOCATE FOR R4 TO R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN
ORDER, DIRECTION, WRIT MORE PARTICULARLY IN THE NATURE
OF CERTIORARI OR ANY OTHER WRIT TO QUASH OF THE
IMPUGNED ORDER PASSED BY THE RESPONDENT NO.1 DATED.
22.12.2024 BEARING NO. SUM/KUM/DVS/CR/160/2024-25 VIDE
ANNEXURE-A AND ETC.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

1. Writ Petition in W.P.No.103119/2025 is by the Deity and
the admitted Hereditary Trustee being aggrieved by Official
Memorandum dated 22.12.2024 issued by respondent
No.1-Deputy Commissioner, as per Annexure-A imposing
certain restrictions regarding entry to the Garbhagudi of
petitioner No.1-Diety.

2. Petitioner in W.P.No.102900/2025 is by the said Hereditary
Trustee being aggrieved by the order dated 06.02.2025
passed by the respondent No.2-Deputy Commissioner to

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the extent directing the Chief Executive Officer of Mylara
Lingeshwara Swamy Temple to conduct enquiry pursuant
to the report dated 24.11.2024 and to submit a report
thereon on or before 31.03.2025.

3. Writ Petition in W.P.No.106994/2025 is by petitioners
therein who claim to be the family members of Hereditary
Trustee being aggrieved by the Official Memorandum dated
22.12.2024 issued by Deputy Commissioner imposing
restrictions for entry into the Garbhagudi.

4. These three writ petitions give rise to common question
with regard to the power and authority of respondent
No.1-Deputy Commissioner and respondent No.3-Chief
Executive Officer to issue such Official Memorandum and
the report. The same are taken up for analogous hearing
and disposal.

5. Heard learned Senior counsel, Sri Harish Narasappa for
counsel appearing for the petitioner and learned counsel,
Sri H.M.Dharigond and learned HCGP for respondents.

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6. Learned Senior counsel appearing for the petitioner at the
outset pointed out provisions of sub-section (1) of Section
25A and Section 58 of the Karnataka Hindu Religious
Institutions and Charitable Endowments Act, 1997
(hereinafter referred to as ‘Act, 1997’) to contend that in
respect of Institutions managed by Hereditary Trustees,
there shall not be any committee other than the Hereditary
Trustees and that the power of Management shall rest
absolutely with the Hereditary Trustee without any
intervention from anyone whomsoever and that Section 58
of the Act, 1997 mandates that the Deputy Commissioner,
Assistant Commissioner and every other person exercising
the power under the Act shall not interfere with the
customs, usages, ceremonies and practices which are
being followed in respect of such notified Institutions.

7. Juxtaposing this mandate of the provisions of law, learned
Senior counsel reads into the impugned Official
Memorandum, which is subject matter of Writ Petition in
W.P.No.103119/2025 as well as W.P.No.106994/2025 and
submits that without even mentioning the provisions of law

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under which respondent No.1-Deputy Commissioner
purportedly exercising power, alleged violation of customs
in the Institution consequently leading to impugned
direction, not to allow anyone else other than the
appointed Archaka, into the Garbhagudi of the Temple.

8. He submits once concededly petitioner No.2 is appointed
as the Hereditary Trustee, it is his prerogative to ensure
maintenance of the usage, practices and respondent No.3-
Chief Executive Officer particularly has no say in the
matter. That the impugned Official Memorandum has
emanated apparently at the instance of respondent No.3-
Executive Officer, who again without any basis has alleged
violation of the practices of the Temple. No enquiry has
been conducted for the respondent No.3-Executive Officer
to have issued such a report.

9. He further refers to show-cause notice dated 24.11.2024
issued by respondent No.3-Chief Executive Officer to
contend that respondent No.3-Executive Officer has no
statutory power to issue such notice calling upon the

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Hereditary Trustee to answer the allegations made in the
said show-cause notice within 7 days as called for.

10. He also refers to undated show-cause notice produced at
Annexure-E purportedly issued by respondent No.1-Deputy
Commissioner, who has merely reiterated the contents of
purported report dated 24.11.2024 issued by respondent
No.3-Executive Officer with a purported addition therein
with regard to money being collected through money
order, EMO and Google Pay, which according to learned
Senior counsel is an addition in the process of malafide
exercise of administrative power to build up a case against
the petitioners.

11. He referred to a judgment dated 12.08.1933 passed in
O.S.No.36/1929 on the file of District Judge, Ballari with
regard to an issue which had then cropped up relating to
administrative affairs and the scheme of management of
the said temple and submits that the plaintiff therein is the
grandfather of petitioner No.2 herein. He also pointed out
the reasons, findings and observation made in the said
judgment to highlight the age old practices which have

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been taken note of while decreeing the said suit in favour
of the plaintiff therein, who is grandfather of petitioner
No.2 herein.

12. Thus, he submits the impugned Official Memorandum at
Annexure-A requires to be quashed.

13. As regards W.P.No.102900/2025, he submits that the
proceedings subject matter of the said writ petition
emanate from an order passed by respondent No.1-Deputy
Commissioner in exercise of his power under Section
25(B)(6)(iii) of Act, 1997, in terms of which respondent
No.1-Deputy Commissioner accepting the case of one
Ravindra Bhat, respondent No.5 has proceeded to appoint
him as Belli Betha Carrier) of the said temple.
‘¨É½î ¨ÉvÀÛ’ (

14. He submits that the grievance of the petitioner in the said
writ petition is to the second part of the order in which the
Deputy Commissioner apart from exceeding the brief has
in malafide exercise of power, directed respondent No.3-
Executive Officer to conduct an enquiry based on the
report dated 24.11.2024 (Annexure-B in Writ Petition

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No.103119/2025). No such power is vested either with the
Deputy Commissioner or with the Chief Executive Officer to
conduct such an enquiry is his submission.

15. As regards Writ Petition in W.P.No.106994/2025, the
petitioners therein claim to be the family members of
Hereditary Trustees. It is their contention that they have
been traditionally practicing and performing rituals such as
Bandara Darshana, Chowri, Chadu, Kaaye Kolu, Yele
Chanchi, Yele Kathari, Gorvayaka Kori, Angi Dhoni, Kavadi
and Chaapi, etc., which has been in existence since time
immemorial and that the same has been recognized in the
judgment and decree that was passed in O.S.No.36/1929
and the entry of these family members into the
Garbhagudi is indispensable and imperative to continue the
said practices and that the impugned Official Memorandum
issued by respondent No.1-Deputy Commissioner has
come in the way of continuing with the said practice.
Therefore, seeks for quashing of the said Official
Memorandum.

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16. Learned HCGP justifying the impugned Official
Memorandum submits that respondent No.3-Chief
Executive Officer, who has been appointed to the
Institution in terms of Section 24A is vested with powers
and duties prescribed under the Rules to ensure the same
are adhered to. He refers to Rule 33B of Karnataka Hindu
Religious Institutions and Charitable Endowments Rules,
2002 (hereinafter referred to as ‘Rules, 2002) to contend
that respondent No.3-Chief Executive Officer is responsible
to ensure the obligation casted under the said Rules are
maintained which also includes performance of daily
poojas and some sevas in the temple are continued.

17. He submits it is in furtherance to this power vested,
respondent No.3-Chief Executive Officer found violation of
the rituals prompting him to submit the report dated
24.11.2024 as per Annexure-B to the Writ petition
W.P.No.103119/2025.

18. Referring to sub-section (6) of Section 25B of the Act,
1997, learned HCGP submits that if there is any dispute
with regard to any question enumerated under sub-section

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(6) of Section 25B which includes question regarding the
claim for hereditary trusteeship, archakaship or the
usages, it is the Deputy Commissioner who is authorized to
deal with the matter and any person aggrieved by the
order passed by the Deputy Commissioner, may prefer an
appeal provided thereunder.

19. Thus, he submits no error or illegality is committed either
by respondent No.3-Executive Officer or respondent No.1-
Deputy Commissioner in passing the impugned Official
Memorandum dated 22.12.2024 or the report dated
24.11.2024 or even the direction issued by the order dated
06.02.2025, subject matter of Writ Petition in
W.P.No.102900/2025.

20. Sri H.M.Dharigond, learned counsel appearing for
respondent No.4 supplements submission made by learned
High Court Government Pleader.

21. Heard and perused the records.

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22. Annexure-B a purported report dated 24.11.2024 subject
matter of Writ Petition No.103119 of 2025 prepared by
respondent No.3-Executive Officer reads as under:
“PÀ£ÁðlPÀ ¸ÀPÁðgÀ
(»AzÀÆ zsÁ«ÄðPÀ ¸ÀA¸ÉÜUÀ¼ÀÄ ªÀÄvÀÄÛ zsÀªÀiÁðzÁAiÀÄ zÀwÛUÀ¼À E¯ÁSÉ)
PÁAiÀÄð¤ªÁðºÀPÀ C¢üPÁjUÀ¼À PÁAiÀiÁð®AiÀÄ, ²æÃ ªÉÄÊ¯ÁgÀ°AUÀ¸Áé«Ä zÉÃªÁ®AiÀÄ, ªÉÄÊ¯ÁgÀ, ºÀÆ«£À ºÀqÀUÀ°
vÁ®ÆèPÀÄ, «dAiÀÄ£ÀUÀgÀ f¯Éè.
[email protected]
____________________________________________________________________
¸ÀA:²æÃªÉÄÊ°AzÉÃ/¹Dgï/09/2024-25 ¢£ÁAPÀ:-24-11-2024

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DqÀ½vÁvÀäPÀ zÀÈ¶Ö¬ÄAzÀ zÀPÉÌAiÀiÁUÀÄwÛzÉ. DzÀÄzÀjAzÀ E£ÀÄßªÀÄÄAzÀÄ AiÀiÁªÀÅzÉÃ zsÁ«ÄðPÀ
PÁAiÀÄðPÀæªÀÄUÀ¼À°è ªÀA±À¥ÁgÀA¥ÀAiÀÄð zsÀªÀÄðPÀvÀðgÉÃ RÄzÀÄÝ zsÁ«ÄðPÀ PÁAiÀÄðPÀæªÀÄUÀ½UÉ
¨sÁUÀªÀ»¸ÀÄªÀAvÉ ªÀÄvÀÄÛ CªÀgÀ ªÀA±À¸ÀÜgÀÄ ¥ÀzÉÃ ¥ÀzÉÃ ¨sÀPÀÛgÀ£ÀÄß UÀ¨sÀðUÀÄrUÉ PÀgÉzÀÄPÉÆAqÀÄ
ºÉÆÃUÀzÀAvÉ £ÉÃgÀªÁV ¨sÀPÁÛ¢üUÀ¼ÀÄ gÀ²Ã¢ ¥ÀqÉzÀÄ zÀ±Àð£À ªÀiÁqÀ®Ä CªÀPÁ±À ¨sÀPÁÛ¢üUÀ½UÉ ªÀÄÄPÀÛ
CªÀPÁ±À EgÀÄªÀAvÉ DzÉÃ²¸À®Ä ªÀiÁ£ÀågÀªÀgÀ£ÀÄß PÉÆÃjzÉ.

vÀªÀÄä «±Áé¹
¸À»/-
PÁAiÀÄð¤ªÁðºÀPÀ C¢üPÁj
²æÃ ªÉÄÊ¯ÁgÀ°AUÉÃ±ÀégÀ¸Áé«Ä zÉÃªÁ®AiÀÄ
ªÉÄÊ¯ÁgÀ
¥ÀæwAiÀÄ£ÀÄß :
ªÀiÁ£Àå ¸ÀºÁAiÀÄPÀ DAiÀÄÄPÀÛgÀÄ »AzÀÆ zsÁ«ÄðPÀ ¸ÀA¸ÉÜUÀ¼ÀÄ ªÀÄvÀÄÛ zsÀªÀiÁðzÁAiÀÄ zÀwÛUÀ¼À
E¯ÁSÉ, «dAiÀÄ£ÀUÀgÀ ªÀÄvÀÄÛ §¼Áîj f¯Éè - ªÀiÁ£ÀåjUÉ ªÀiÁ»wUÁV ¸À°è¹zÉ.”

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23. Annexure-A impugned Official Memorandum dated
22.12.2024 issued by the Deputy Commissioner reads as
under:
“PÀ£ÁðlPÀ ¸ÀPÁðgÀ
f¯Áè¢üPÁjUÀ¼À PÁAiÀiÁð®AiÀÄ, «dAiÀÄ£ÀUÀgÀ f¯Éè ºÉÆ¸À¥ÉÃmÉ-583201.
OFFICE OF THE DEPUTY COMMISSIONER, VIJYANAGARA DISTRICT, HOSAPETE-583201
Telephone :08394-295655 Emall: [email protected]
________________________________________________________________
¸ÀA/PÀA/r«J¸ï/¹Dgï/160/2024-25 ¢£ÁAPÀ:22-12-2024

C¢üPÀÈvÀ eÁÕ¥À£À ¥ÀvÀæ

«µÀAiÀÄ: «dAiÀÄ£ÀUÀgÀ f¯Éè ºÀÆ«£À ºÀqÀUÀ° vÁ®ÆèPÀÄ ²æÃ ªÉÄÊ¯ÁgÀ°AUÉÃ±ÀégÀ¸Áé«Ä
zÉÃªÁ®AiÀÄzÀ »vÁ¸ÀQÛ «gÀÄzÀÞ ªÀÄvÀÄÛ gÀÆrü ¸ÀA¥ÀæzÁAiÀÄzÀ DZÀgÀuÉUÀ¼À£ÀÄß
G®èAX¸À¢gÀ®Ä PÀÄjvÀÄ DzÉÃ±À

G¯ÉèÃR : PÁAiÀÄð ¤ªÁðºÀPÀ C¢üPÁjUÀ¼ÀÄ ²æÃ ªÉÄÊ¯ÁgÀ°AUÉÃ±ÀégÀ¸Áé«Ä zÉÃªÁ®AiÀÄ
EªÀgÀ ¥ÀvÀæ ¸ÀASÉå ¸ÀA/²æÃªÀÄä°AzÀ/¹Dgï/09/2024-25
¢£ÁAPÀ 24-11-2024

«dAiÀÄ£ÀUÀgÀ f¯Éè ²æÃ ªÉÄÊ¯ÁgÀ°AUÉÃ±ÀégÀ¸Áé«Ä zÉÃªÁ®AiÀÄzÀ »vÁ¸ÀQÛ «gÀÄzÀÞ ªÀÄvÀÄÛ
gÀÆrü ¸ÀA¥ÀæzÁAiÀÄzÀ DZÀgÀuÉUÀ¼À°è vÁªÀÅUÀ¼ÀÄ ªÀA±À¥ÁgÀA¥ÀAiÀÄð zsÀªÀÄðPÀvÀðgÀÄ
¨sÁUÀªÀ»¸ÀzÉÃ ¤ªÀÄä ªÀA±À¸ÀÜgÀÄ ºÁUÀÆ ¤ªÀÄä ªÀÄPÀÌ¼ÀÄ ¨sÁUÀªÀ»¸ÀÄwÛgÀÄªÀÅzÁV ºÁUÀÆ
£ÉÃgÀªÁV ¨sÀPÁÛ¢üUÀ¼À£ÀÄß £ÉÃgÀªÁV UÀ¨sÀðUÀÄrUÉ PÀgÉzÀÄPÉÆAqÀÄ ¥ÀzÉÃ ¥ÀzÉÃ UÀ¨sÀðUÀÄr
¥ÀæªÉÃ±À ªÀiÁqÀÄwÛgÀÄªÀÅzÀÄ ªÉÄÃ¯ÉÆßÃlPÉÌ PÀAqÀÄ §A¢zÀÄÝ, EzÀjAzÁV zsÁ«ÄðPÀ ¥ÀgÀA¥ÀgÉUÉ
ºÁUÀÆ DqÀ½vÁvÀäPÀ zÀÈ¶×¬ÄAzÀ ¨sÀPÁÛ¢UÀ½UÉ vÉÆAzÀgÉAiÀiÁUÀÄwÛgÀÄªÀÅzÀÄ PÀAqÀÄ§A¢gÀÄvÀÛzÉ.

¥ÀæAiÀÄÄPÀÛ vÁªÀÅUÀ¼ÀÄ ªÀA±À¥ÁgÀA¥ÀAiÀÄð zsÀªÀÄðPÀvÀðgÀÄ vÀªÀÄä ¥ÀÇeÁ PÉÊAPÁAiÀÄðUÀ¼ÀÄ
ªÀiÁvÀæ UÀ¨sÀðUÀÄr ¥ÀæªÉÃ±À ªÀiÁqÀvÀPÀÌzÀÄÝ ºÁUÀÆ UÀ¨sÀðUÀÄrAiÀÄ°è ¤AiÉÆÃf¹zÀ DZÀðPÀgÀÄ
ºÉÆgÀvÀÄ ¥Àr¹ ¨ÉÃgÉAiÀiÁªÀjUÉ ¥ÀæªÉÃ±À EgÀÄªÀÅ¢®èªÉAzÀÄ DzÉÃ²¸À¯ÁVzÉ. E£ÀÄß ªÀÄÄAzÉ
AiÀiÁªÀÅzÉÃ ²µÁÖZÁgÀªÀ£ÀÄß G®èAX¹gÀÄªÀÅzÀÄ ªÉÄÃ¯ÉÆßÃlPÉÌ PÀAqÀÄ §AzÀ°è
¤AiÀÄªÀiÁ£ÀÄ¸ÁgÀ PÀæªÀÄ PÉÊUÉÆ¼Àî¯ÁUÀÄªÀÅzÀÄ.

¸À»/-
f¯Áè¢üPÁjUÀ¼ÀÄ
«dAiÀÄ£ÀUÀgÀ f¯Éè
ºÉÆ¸À¥ÉÃmÉ

UÉ,
²æÃ UÀÄgÀÄ ªÉAPÀ¥ÀàAiÀÄå MqÉAiÀÄgï.ªÀA±À¥ÁgÀA¥ÀAiÀÄð zsÀªÀÄðPÀvÀðgÀÄ, ²æÃ ¯ÁgÀ°AUÉÃ±ÀégÀ¸Áé«Ä
zÉÃªÀ¸ÁÜ£À ªÉÄÊ¯ÁgÀ ºÀÆ«£À ºÀqÀUÀ° vÁ®ÆèPÀÄ

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¥ÀæwAiÀÄ£ÀÄß :-

1. ¸ÀºÁAiÀÄPÀ DAiÀÄÄPÀÛgÀÄ »A zsÁ ¸ÀA. zsÀ.zÀ. E¯ÁSÉ «dAiÀÄ£ÀUÀgÀ/§¼Áîj f¯Éè EªÀjUÉ
ªÀiÁ»wUÁV ºÁUÀÆ ¸ÀÆPÀÛ PÀæªÀÄPÁÌV
2. PÁAiÀÄð¤ªÁðºÀPÀ C¢üPÁjUÀ¼ÀÄ ²æÃ ªÉÄÊ¯ÁgÀ°AUÉÃ±ÀégÀ¸Áé«Ä zÉÃªÁ®AiÀÄ EªÀjUÉ
ªÀiÁ»wUÁV ºÁUÀÆ ¸ÀÆPÀÛ PÀæªÀÄPÁÌV”

24. As rightly pointed out by Sri Harish Narasappa, learned
Senior Counsel for Sri Shivaraj Balloli appearing for the
petitioners neither of these documents refers to the
provisions of law which is invoked by these two officers
justifying issuance of such communications.

25. Needless to state that, before issuing such memorandum
and the communication it was incumbent on the part of
respondent No.3-Executive Officer as well as Respondent
No.1-Deputy Commissioner to have conducted an enquiry
to ascertain as to what was the practice prevalent in the
temple which petitioner is alleged violating of. Omnibus
general statement of violation cannot give credence to an
order of this nature which has resulted in prohibiting the
hereditary trustee from discharging his duties which are
recognized and protected under sub-section (1) of Section
25A of the Act 1997.

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26. No doubt Executive Officer, who is an appointee under
Section 24A of the Act 1997, is required to ensure
performance and compliance of acts and deeds as
encapsulated under Rule 33B of Rule 2002. Nothing is
emanating from the impugned report dated 24.11.2024
and memorandum dated 22.12.2024 respectively
regarding any such action being taken in furtherance to
the provisions contained under Rule 33-B.

27. This being the factual and legal aspect of the matter in the
order dated 06.02.2025 which is subject matter of the writ
petition in W.P.No.102900/2025, respondent No.2-Deputy
Commissioner in purported exercise of his power under
Section 25B (6) and (ii) of the Act 1997 even while
appointing respondent No.5 therein as (Belli Betha
‘¨É½î ¨ÉvÀÛ’
Carrier) has proceeded to direct the Executive Officer to
conduct enquiry in furtherance to his report dated
24.11.2024 (as extracted above) and to submit a report
within the time mentioned therein. There is no reference to
any provision of law for respondent No.2-Deputy
Commissioner to issue such a direction either.

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28. Though impugned Official Memorandum dated 22.12.2024
prohibits hereditary trustee to allow anyone other than him
and the nominated Archaka from entering the Garbhagudi,
it does not mention as to the basis on which such
restriction and prohibition is imposed.

29. Petitioners in W.P.No.106994/2025 have elaborately set
out the practices which according to them are required to
be performed and have been performed since time
immemorial which invariably requires them to enter the
Garbhagudi of the temple. Nothing is forthcoming from the
impugned report and the official memorandum issued by
the respondent No.1-Deputy Commissioner and
respondent No.3-Executive Officer whether or not such
practices have been performed in the temple.

30. Necessary to note that notified institution with an annual
income exceeding Rs.5 lakhs up to Rs.25 lakhs come under
the administrative supervision of Deputy Commissioner.
Power in this regard is traceable to Section 25B of the Act
1997.

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31. Section 25B (6) of the Act 1997 vests power with the
Deputy Commissioner to decide certain disputes. Sub-
section (6) of Section 25B reads as under:
“25B. Power of the Deputy Commissioner to settle
scheme for the administration of Charitable
endowments and to decide certain 32 other
disputes.-
(1) xxxxx
(2) xxxxx
(3) xxxxx
(4) xxxxx
(5) xxxxx
(6) Whenever any question arises as to,-
(i) whether a particular property is the property of
a notified institutions or declared institution under
the Act; or
(ii) whether any property or money is either a
religious endowment or specific endowment; or
(iii) whether any Archak or temple servant holds or
held an office in any notified institution or declared
institution on the basis of a hereditary right; or
(iv) whether any person is entitled by custom or
otherwise to any honour, emolument or perquisite
in any religious institution; and what is the existing
usage of a notified or declared institution; or
(v) whether any institution or endowment is wholly
or partly of a religious or of secular character and
whether any property or money has been given
wholly or partly for religious or secular purpose; or
(vi) where any property or money has been given
for the support of an institution which is partly of a
religious and partly of a secular character or the
performance of any service or charity connected
with such an institution or the performance of a
charity which is partly of a religious and partly of a
secular character or where any property or money
given is appropriated partly to religious and partly

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to secular purposes, as to what portion of such
property or money shall be allocated to religious
purpose; or
(vii) to accord sanction of dittam and seva list in
respect of notified institutions having gross annual
income of rupees one lakh and above but below
Rupees ten lakhs; or
(viii) any dispute between the servant of a notified
institution and the committee of management. -
the Deputy Commissioner after hearing the parties
concerned shall by order decide it.”

32. Clauses (iii) and (iv) of sub-section (6) of Section 25B of
the act 1997 indicate a dispute with regard to Archaka or
Temple Servant or with regard to honour, emolument,
prerequisites, usage, so also determined seva list in
respect of temple is also required to be adjudicated upon
by the Deputy Commissioner.

33. It is submitted that the subject religious institution
admittedly, has annual turnover in excess of Rs.4 Crores
to Rs.5 Crores. Since the annual income of the subject
institution is admittedly over Rs.4.00 to 5.00 Crores, it is
Rajyadharmika Parishat vested with the power to deal with
the questions enumerated under Section 20A of the Act
1997. Section 20A of the Act 1997 reads as under:

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“20A. The powers and functions of the Rajya
Dharmika Parishat.- The powers and functions of the
Rajya Dharmika Parishat shall be as follows, namely:-
(1) The Rajya Dharmika Parishat shall be empowered to
resolve any dispute,-
(a) regarding religious practices, customs, usage,
traditions and for that purpose it may consult experts
to assist in resolving such disputes;
(b) as to whether a temple is a public, private or
denominational temple;
(c) as to whether an institutions is a religious
institution or a composite institution;
(d) as to whether a trustee holds or held office as
hereditary trustee of such institution.
(2) The Rajya Dharmika Parishat,-
(i) may constitute a Committee of Management to the
notified institution having gross annual income of
rupees twenty five lakhs and above;
(ii) may approve scheme for adoption of temples
having an income of rupees two lakhs or less and to
fix the terms of adoption;
(iii) shall act as appellate authority in respect of
orders passed by the Zilla Dharmika Parishat;
(iv) for the purpose of resolving any dispute as
provided under this section Nyayadhikarana may be
constituted with the judicial member of the Parishat
and the Commissioner as its members. If there is
difference of opinion among the members the issue
shall be decided by the Rajya Dharmika Parishat;
(v) may recommend to the State Government to issue
notification and de-notification of the institutions
required to be notified or deleted under the provisions
of the Act;
(vi) may dissolve Committee of Management of a
notified institution having gross income of Rupees
twenty five lakhs and above as provided under section

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28 and to appoint administrator to the notified
institutions under section 29;
(vii) shall record the name of the member of the
family, who is entitled to succeed to the office of
hereditary trustee when a permanent vacancy occurs
and if there is no dispute in the office of the
hereditary trustee.
(3) Administration of all religious institutions and
charitable endowments shall be under the general
superintendence and control of the Rajya Dharmika
Parishat and such superintendence and control shall
include the power to pass any order or issue any
direction which may be necessary to ensure that such
institutions and endowments are properly administered
and their income is duly appropriated for the purpose for
which they are founded or exist.”

34. Clearly neither the respondent No.1-Deputy Commissioner
nor respondent No.3-Executive Officer are vested with the
power to issue Official Memorandum and the
communication/report as they have done in the instant
case. Since the impugned Official Memorandum alleged
violation of the religious practices, customs and usages
and the same is covered under sub-section (1) of Section
21A to be resolved by the Rajyadharmika Parishat, this
Court deems it appropriate to quash the impugned Official
Memorandum dated 22.12.2024 at Annexure-A and the
purported report of the Executive Officer dated 24.11.2024
at Annexure-B in W.P.No.103119/2025 and relegate the
matter to the Rajyadharmika Parishath.

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35. Accordingly the following:
ORDER

(i) W.P.No.103119/2025 and
W.P.No.106994/2025 are allowed.

(ii) The impugned Official Memorandum dated
22.12.2024, the report dated 24.11.2024
and any further correspondence/orders
emanating therefrom are quashed.
(iii) As regards W.P.No.102900/2025 is
allowed , the impugned order dated
06.02.2025 to the extent of direction to
the Executive Officer to conduct enquiry
based on and pursuant to report dated
24.11.2024 is also quashed.
(iv) The respondent No.3-Executive Officer, if
so advised may seek resolution of the
dispute through the Rajyadharmika
Parishat. If such action is initiated,
petitioners shall be given sufficient
opportunity of being heard and thereafter
pass order in accordance with law taking
into consideration the age old practices
which has stated to have been performed
by the hereditary trusty and his family

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members, more particularly reference to
judgment dated 12.08.1933 passed in
O.S.No.20/1929.

Sd/-
(M.G.S. KAMAL)
JUDGE

SH,EM
CT:cmu
LIST NO.: 1 SL NO.: 112