U K THEERTHA RAMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH this matter is posted today in orders list, the matter is taken up for final disposal, haying regard to the nature of the relief sought for by petitioner and on the ground that, similar matters have been already disposed of by this Court, as submitted by learned Government Pleader appearing for respondents 1 to 3.

(2.) IN the instant case, petitioner is assailing the correctness of the impugned Notification dated 25-7-2007 issued by the third respondent bearingno. DVS:est (2):cr-62:2007-08, vide Annexure-A, calling applications from the interested persons for appointment of members of the Committee of Management of Sri, Malikarjuna Temple, Thodikana, Sulya taluk.

(3.) THE only grievance of the petitioner as made out by learned counsel appearing for petitioner in the instant writ petition is that, petitioner's temple is an ancient temple being managed and administered by the hereditary trustees/archaks and the committee of trustees elected by the devotees which had been accorded approval by the respondents. It is the further case of the petitioner that, second respondent has issued a Circular to the third respondent-Deputy Commissioner to exempt some temples from constituting the Committees under Section 25 of the Karnataka Hindu religious Institutions and Charitable Endowments Act, 1997, (in short "endowments Act, 1997" ). As per the directions issued by the second respondent, the third respondent has issued the impugned notification dated 25th july 2007 calling applications from the public for appointment of the Members of the committee of Management to the Temple as provided under Section 25 of the said Act. The case of the petitioner is that, he is the managing Trustee of Sri. Malikarjuna Temple and neither the second respondent nor the third respondent have got any rights to issue such notification calling applications from the public who are interested to become the members of the Committee of Management of the said Temple. Therefore, petitioner was constrained to present this writ petition seeking appropriate relief as stated supra.