LAWS(KAR)-2009-4-37

KARIYAPPA BIN THIPPANNA Vs. STATE OF KARNATAKA

Decided On April 13, 2009
KARIYAPPA BIN THIPPANNA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE petitioners are claiming that they are the devotees of Sri Ramadevaru temple of Iguru Gollarahatti village, davangere Taluk and District. The petitioners, questioning the correctness of the impugned notification issued by the Under Secretary to the Government Revenue Department (Muzrai) in No. RD:77:met:2003 dated 30-4-2003 vide Annexure-D in so far as it relates to Sri Rama Devaru Temple of Iguru gollarahatti village, Davanagere Taiuk and district, have presented this writ petition.

(2.) THE petitioners are claiming that they are the residents of Iguru Gollarahatti village, they belong to Golla community and they are worshipping the village deity Sri Rama devaru. Sri Rama Devaru of Iguru gollarahatti is exclusively worshipped by the petitioners' community people and the said temple was not a Muzrai Temple and no tasdik is being paid and temple owns no property and temple has no source of income. In spite of that, first respondent, contrary to Section 23 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, has issued the impugned notification vide annexure-D including the name of Sri ramadevaru temple. Therefore, these petitioners were constrained to assail the said notification in so far as in including Sri Ramadevaru temple within the preview of Mazrai Department and declaring the said temple as Muzrai temple, by way of filing this writ petition.

(3.) I have heard learned counsel appearing for petitioners, learned Government Pleader appearing for respondents-1 to 3 and learned counsel appearing for respondents-4 to 11.