Case Note & Summary
The petitioners, Bhardhava Trust (R) represented by its President and Secretary, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the order dated 2.3.2015 passed by the Deputy Commissioner, Hindu Religious Institutions and Charitable Endowments, Udupi (first respondent) in Case No. DVS:LAW:CR 53/2013-14. The second respondent, Merkala Thyampanna Shetty, had lodged a complaint on 28.08.2013 under Section 69(B) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. The Deputy Commissioner passed the impugned order without jurisdiction, as the trust was not a notified institution under the Act, and without affording an opportunity of hearing to the petitioners, violating principles of natural justice. The High Court allowed the writ petition, quashing the impugned order and granting liberty to the second respondent to approach the appropriate forum if so advised.
Headnote
A) Administrative Law - Jurisdiction - Deputy Commissioner's Power under Section 69(B) - Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, Section 69(B) - The Deputy Commissioner lacked jurisdiction to entertain a complaint under Section 69(B) as the trust was not a notified institution under the Act. The impugned order was quashed for want of jurisdiction and violation of natural justice. (Paras 1-2)
B) Natural Justice - Right to be Heard - Principles of Natural Justice - The impugned order was passed without affording an opportunity of hearing to the petitioners, violating principles of natural justice. (Para 2)
Issue of Consideration
Whether the Deputy Commissioner had jurisdiction to entertain a complaint under Section 69(B) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, and whether the impugned order was passed in violation of principles of natural justice.
Final Decision
The writ petition is allowed. The impugned order dated 2.3.2015 passed by the first respondent in Case No. DVS:LAW:CR 53/2013-14 is quashed. Liberty is reserved to the second respondent to approach the appropriate forum if so advised.
Law Points
- Jurisdiction of Deputy Commissioner under Karnataka Hindu Religious Institutions and Charitable Endowments Act
- 1997
- Natural Justice
- Right to be heard
- Writ of Certiorari
Case Details
2025 LawText (KAR) (05) 15
WP No. 9418 of 2015 (GM-R/C)
Sri. Vyasa Rao K.S. for petitioners; Sri. Mahantesh Shattar for R1; Sri. C. Amruthesh for R2
Bhardhava Trust (R) represented by P Ramadas and Vishwanath Bhat
The Deputy Commissioner, Hindu Religious Institutions and Charitable Endowments, Udupi and Merkala Thyampanna Shetty
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of an order passed by the Deputy Commissioner under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997.
Remedy Sought
Petitioners sought a writ of certiorari to quash the impugned order dated 2.3.2015 passed by the first respondent in Case No. DVS:LAW:CR 53/2013-14.
Filing Reason
The Deputy Commissioner passed an order without jurisdiction and in violation of principles of natural justice.
Issues
Whether the Deputy Commissioner had jurisdiction to entertain a complaint under Section 69(B) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997.
Whether the impugned order was passed in violation of principles of natural justice.
Submissions/Arguments
Petitioners argued that the Deputy Commissioner lacked jurisdiction as the trust was not a notified institution under the Act.
Petitioners argued that the order was passed without affording an opportunity of hearing, violating natural justice.
Ratio Decidendi
The Deputy Commissioner lacked jurisdiction to entertain a complaint under Section 69(B) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, as the trust was not a notified institution under the Act. Additionally, the impugned order was passed in violation of principles of natural justice as no opportunity of hearing was afforded to the petitioners.
Judgment Excerpts
Petitioners are before this Court seeking for the following reliefs; a. To issue a writ of certiorari quashing the impugned order Annexure-A dated 2.3.2015 passed by the 1st respondent in Case No.DVS:LAW:CR 53/2013-14.
A complaint had been lodged by respondent No.2 on 28.08.2013 under Section 69(B) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997.
Acts & Sections
- Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997: 69(B)
- Constitution of India: 226, 227
