Karnataka High Court Dharwad Bench Hears Writ Petitions Challenging Constitutionality of Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011. Petitioners Seek to Strike Down Act as Discriminatory and Violative of Fundamental Rights.

High Court: Karnataka High Court Bench: DHARWAD
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Case Note & Summary

This batch of writ petitions was instituted by several temple trusts from Uttara Kannada and Belgaum districts of Karnataka before the Dharwad Bench of the Karnataka High Court. The petitioners invoked the High Court's jurisdiction under Articles 226 and 227 of the Constitution of India and sought a declaration that the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 (Karnataka Act No. 27 of 2011) is discriminatory, violative of constitutional rights, and unconstitutional, and prayed for striking down the Amendment Act in its entirety. The respondents impleaded were the State of Karnataka represented by its Chief Secretary, the Secretary to the Government of Karnataka in the Department of Endowment and Charitable Institutions, the Commissioner of Hindu Religious Institutions and Charitable Endowments, and the Deputy Commissioners of Uttara Kannada and Belgaum districts. Senior Advocate Subramanya Jois appeared for the petitioners, while Senior Advocate M. N. Rao appeared for the State. The judgment text provided does not contain any further record of proceedings, submissions, analysis, or final order.

Issue of Consideration

Whether the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 is discriminatory, violative of constitutional rights, and unconstitutional

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Case Details

2015 LawText (KAR) (11) 11

W.P. Nos.64805-64868/2011 c/w W.P. Nos.65648-65680/2011, W.P. No.72157/2012, W.P. Nos.80796-80822/2013, W.P. No.65539/2012 (GM-R/C)

2015-11-17

Anand Byrareddy, S. Sujatha

Shri Subramanya Jois, Senior Advocate for Shri A.P. Hegde Janmane, Advocate; Shri M.N. Rao, Senior Advocate for Shri C.S. Patil, Government Advocate

Shri Maha Ganapati Shankara Devasthana, Sirsi, and others; Shri Mhatobar Murudeshwar Temple, Murudeshwar, and others

State of Karnataka, represented by Chief Secretary; Secretary to Government, Department of Endowment; Commissioner, Hindu Religious Institutions and Charitable Endowments; Deputy Commissioner, Uttara Kannada; Deputy Commissioner, Belgaum

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Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India seeking declaration that the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 is unconstitutional and for striking it down.

Remedy Sought

The petitioners, various temple trusts, sought a declaration that the Amendment Act is discriminatory and unconstitutional and prayed for its striking down in entirety.

Filing Reason

The petitioners contended that the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 is discriminatory and violates constitutional rights.

Issues

Whether the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 is discriminatory, violative of constitutional rights, and unconstitutional?

Judgment Excerpts

praying to declare that the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 (Karnataka Act No.27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety These petitions are filed under Articles 226 and 227 of the Constitution of India

Acts & Sections

  • Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011:
  • Constitution of India: Articles 226, 227
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