Sunkadakatte Shri Kotada Babbu Daivasthanada Poshaka Samithi vs The Deputy Commissioner Dakshina Kannada, Mangalore, D.K.-575001 and The State of Karnataka

Mohan.M. Shantanagoudar, J.—The petitioner has sought for quashing the order Annexure-A dated 11.12.2012 passed by the first respondent,. by which, the Deputy Commissioner, Mangalore, has referred the request of the petitioner to the Commissioner, Hindu Religious Institutions and Charitable Endowments Department (in short ''HR & CE''), Bangalore for consideration and decision. Sunkadakatte Shri Kotada Babbu Devasthana, Urva Stores, Mangalore Town is the temple in respect of which dispute has arisen. The petitioner claims to be Daivasthanada Poshaka Samithi and that the said committee is entitled to perform pooja and jatra every year One Sri. Shivaraj shetty, S/o. K. Narayana Shetty, Ashoknagar, Urva Stores, Mangalore claims that his ancestors have established the said temple and that therefore the temple belongs to him personally. The dispute between the petitioner and Sri. Shivaraj Shetty seems to be existing since more than 40 to 50 years. Suits are filed before the Civil Court and certain orders are passed. However, the fact remains that the litigation continues till this day.

Last year, similar dispute arose in respect of the said temple and at that point of time, the Deputy Commissioner passed the order as per Annexure-D dated 25.2.2011 declaring the temple as a public institution/temple as defined u/s 2(27) of the Karnataka Hindu Religious and Charitable Endowments Act, 1997. The temple is situated in the Government land. The Deputy Commissioner, Mangalore, while passing the order dated 25.1.2011 appointed Sri. K. Shivaraj Shetty as the Administrator to perform day-to-day affairs in respect of the temple.

The said order was questioned by the petitioner before the Commissioner(HR & CE), Bangalore by filing appeal in R.P.No. 14/2010-11. In the said appeal, the Appellate Authority passed the impugned order on 4.2.2011 directing both the parties i.e., the petitioner and Sri. Shivaraj Shetty to perform jatra/annual festival jointly as was done in the previous years. The matter is still pending consideration before the Commissioner/First Appellate Authority.

Now the annual festival is scheduled to be held on 2.2.2013 and 3.2.2013 again. Once again, the petitioner has moved the application before the Deputy Commissioner for grant of permission in its favour to perform annual festival. Said request is referred to the Appellate Authority before whom R.P.No. 14/2010-11 is pending consideration. The said order of the Deputy Commissioner is called in question in this writ petition.

In the normal course, this Court would have directed the Commissioner(HR & CE) to consider the matter and pass orders in accordance with law at an early date, but in view of urgency, as the annual festival/jatra is scheduled to be held on 2.2.2013 and 3.2.2013, this Court proposes to dispose of the writ petition on merits, only in respect of grant of permission to perform jatra/annual festival.

Since two to three years, jatra/annual festival is being jointly conducted by the petitioner as. well as 5th respondent, interim order dated 4.2.2011 passed by the Commissioner(HR & CE), Bangalore is still in existence. Therefore, it is incumbent on both the parties to abide by the interim order this year also. If such procedure is adopted, law and order problem will not arise. As the matter is pending consideration in R.P.No. 14/2010-11, the interim order dated 4.2.2011 by the Commissioner, (HR & CE), Bangalore in the said appeal still continue till the disposal of the said appeal. Accordingly, writ petition stands disposed of with a direction to the petitioner and Sri. K. Shivaraj Shetty to conduct jatra/annual festival of Sunkadakatte Shri Kotada Babbu Devasthana, Urva Stores, Mangalore Town, jointly as conducted by the Commissioner(HR & CE), Bangalore, this year also.