ORDER : The petitioners above named are constrained to move the present contempt petition as the appellants 1 and 2 have committed gross violation of the orders passed by this Hon'ble Court dated 22-9-2008 and 22-11-2008. Copies of orders dated 22-9-2008 and 22-11-2008 are annexed hereto and marked as Annexure-P1. 2. The petitioners are the Archakas of Sri Vinayak Dev, Idagunji in Karnataka whose rights to perform the worship of the Sri Vinayak Dev ("the diety") have been recognised and affirmed by the concurrent findings of three Courts below. The petitioners are dutifully performing the pujas and viniyogas etc. as per the shastric injunctions and have been strictly abiding by the orders passed by this Hon'ble Court particularly the orders dated 22-9-2008 and 22-11-2008. However, till today, the petitioners have not been paid a single penny by appellants 1 and 2 despite the directions being passed 7 ears ago by this Hon'ble Court. The petitioners have already approached this Hon'ble Court in I.A. No. 7 and the same is pending. 3. The contemnors 1 and 2 purport and masquerade as trustees of the temple. There were several instances of mismanagement by said contemnors 1 and 2 which included usurpation of the trust properties. This has been recorded by the High Court in order dated 14-12-2000 passed in W.P. No. 6485 of 1999 which order was not challenged by respondents 1 and 2 and attained finality. Copy of the order dated 14-12-2000 in W.P. No. is annexed hereto and marked as Annexure-P2. 4. The State Government, thereafter, inter alia after taking note of the instances of mismanagement of temples in the State proceeded to take over the management of public temples. The State Government vide its affidavit dated 27-3-2014 filed before this Hon'ble Court in the present appeal has stated that the Sri Vinayak Dev, Idagunji Temple became a notified temple under Section 23 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 on 27-9-2012. Copy of the affidavit dated 27-3-2014 is annexed hereto and marked as Annexure-P3. 5. Realising that the control of the temple was slipping away from appellants 1 and 2 and that they would no longer be able to continue their illegal activities, the said appellants have tried abusing the processes of this Hon'ble Court to control the temple.
Copy of the affidavit dated 27-3-2014 is annexed hereto and marked as Annexure-P3. 5. Realising that the control of the temple was slipping away from appellants 1 and 2 and that they would no longer be able to continue their illegal activities, the said appellants have tried abusing the processes of this Hon'ble Court to control the temple. Whilst the ostensible reason given to this Hon'ble Court is that the petitioners are not following the orders of this Hon'ble Court, the real reason behind the slew of complaints against the petitioners is to somehow retain control or the temple by resorting to these complaints and using the handle of police to legitimise their illegal aggrandizement of temple wealth. Appellants 1 and 2 assert and claim against the very concept of trusteeship claiming that they are the owners of the temple. 6. It is submitted that the mask of the contemnors 1 and 2 as the purported protectors of the interest of a public trust has been completely exposed. The said appellant/contemnors 1 and 2 clandestinely and without the permission of this Court or even bringing to the attention of this Hon'ble Court have filed an application before the Rajya Dharma Parishat under Section 20-A of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 claiming that the subject temple is their personal temple. It is respectfully submitted that the claim made by respondents 1 and 2 completely militates and is expressly against the contention sought to be canvassed before this Hon'ble Court "that the said appellants are custodians of a public trust. It is submitted that this Hon'ble Court ought to pass strictures against the said appellants/contemnors 1 and 2 who on one hand are trying to portray that they are acting in public interest and on the other hand are canvassing before the authorities that they are the owners of the temple. It is submitted that this is an extremely serious matter which ought to engage the attention of this Hon'ble Court. Copy of the said application filed by respondents 1 and 2 before the Rajya Dharma Parishat is annexed hereto and marked as Annexure-P4. 7. This Hon'ble Court vide order dated 7-10-2013 directed the SP, Uttara Kannada to hear the representations against the violation, if any, of the orders passed by this Hon'ble Court and take appropriate action for implementation.
Copy of the said application filed by respondents 1 and 2 before the Rajya Dharma Parishat is annexed hereto and marked as Annexure-P4. 7. This Hon'ble Court vide order dated 7-10-2013 directed the SP, Uttara Kannada to hear the representations against the violation, if any, of the orders passed by this Hon'ble Court and take appropriate action for implementation. Copy of the order dated 7-10-2013 is annexed hereto and marked as Annexure-P5. 8. The appellants/contemnors 1 and 2 using the machinery of the police have been harassing the petitioners with a barrage of complaints and the latest in this attempt is the incident of 21-6-2015 and 22-6-2015 in which the police officials acting in collusion with appellants/contemnors 1 and 2, resorted to brute police force, manhandled the petitioners and physically prevented the petitioners from the subject temple premises with a direction not to enter the temple. Despite showing the orders of this Hon'ble Court to the police officials, the said police officials stated they had been issued a contempt notice by this Hon'ble Court and as per the directions of appellants/contemnors 1 and 2, the petitioners cannot hereafter perform the pujas etc., in the temple. The petitioners have already filed a separate contempt petition in this regard against the police officials and the same is pending consideration before this Hon'ble Court. 9. The petitioners who have been performing the poojas, abhisheka, archana, nyvedya, vratas, Homas own Vernacular Matter Omitted etc., in the subject temple since times immemorial and whose rights have been recognised by the three Courts are now being thrown out under the pretext of the orders of this Hon'ble Court. This Hon'ble Court vide its order dated 22-9-2008 read with order dated 22-11-2008 categorically upheld that during the pendency of the appeal, the rights as recognised by the first Appellate Court would be given full effect to and the Archaks appointed by the trustees, if they are in service, shall work under the respondents. This Hon'ble Court also passed a categorical order that all the emoluments recognised by the Court below would be paid to the appellants in the appeal by the management of the temple. 10. The petitioners have also been served a minutes of the meeting held on 21-6-2015 in the temple premises on 27-6-2015 presided over by Superintendent of Police, Uttar Kannada, Karwar, which completes vindicates the stand taken by the petitioners herein.
10. The petitioners have also been served a minutes of the meeting held on 21-6-2015 in the temple premises on 27-6-2015 presided over by Superintendent of Police, Uttar Kannada, Karwar, which completes vindicates the stand taken by the petitioners herein. The said minutes of meeting inter alia show: 1. That the appellants (so-called trustees) have not paid the petitioners as per the orders oi this Hon'ble Court. 2. That the appellants/contemnors have not taken any approval of the concerned authority Muzarai Commissioner for fixing the date of puja viniyogas. 3. That there is a bitter dispute between two groups of the trustees and that administrate of the temple is suffering. 4. The said appellants despite persuasions of the Police Authorities and not taking steps to resolving their disputes. 5. One G.S. Sabhahit (against there are serious allegations of sexual misconduct) is illegally purporting to exercise powers of the trustees. The appellants have not clarified this issue with police. All the aforesaid goes to show that the real culprits are the appellants who are trying to usurp the temple as their own property. This Hon'ble Court relying upon the aforesaid report should direct the State Government to immediately appoint an Executive Officer for which the proposal is already pending before the State Government. Copy of the minutes of meeting dated 21-6-2015 is annexed hereto and marked as Annexure. Copy of the proposal dated 25-8-2012 for appointment of Executive Officer to Shri Vinayak Dev Temple is annexed hereto and marked as Annexure. 11. It is submitted that the contemnors are in complete branch of the orders passed by this Hon'ble Court. It is submitted that in particular: (i) The petitioners have not been paid a single penny by the said appellants/contemnors after the passing of the order dated 22-9-2008. (ii) The contemnors by misinterpreting the orders of this Hon'ble Court have refused to take assistance the male family members of the petitioners to perform pujas, viniyogas etc., in the temple by stating that the term "respondents" in the order dated 22-9-2008 read with 22-11-2008 is only restricted to the original respondents. It is submitted that a perusal of the record of this Hon'ble Court would show that suit initiated by the plaintiffs/petitioners herein was a representative suit on behalf of the families of the plaintiffs claiming archakship rights which has been recognised by all the three Courts below.
It is submitted that a perusal of the record of this Hon'ble Court would show that suit initiated by the plaintiffs/petitioners herein was a representative suit on behalf of the families of the plaintiffs claiming archakship rights which has been recognised by all the three Courts below. It is submitted that the original plaintiff is almost 75 years of age and cannot perform the temple obligations without taking the assistance of his eligible and qualified sons. It is submitted that the term "respondents" has to be given its meaning as was contemplated in the suit which was eventually decreed in favour of the respondents. (iii) After the incident on 21-6-2015 and 22-6-2015 in which the petitioners were harassed and prevented from the temple premises and restrained from performing their obligations, the petitioners have already filed a separate contempt petition against the police officials, it is submitted that the appellants/contemnors herein have started, appointing their own henchmen who are completely untrained in shastric injunctions or the agama shastra to perform pujas in the temple which flies in the face of the orders dated 22-9-2008 and 22-11-2008. It is submitted that this is an attempt by the contemnors 1 and 2 to claim control of the management of the public (Muzrai) temple, which is vested in the State Government under Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. 12. It is submitted that all the contemnors should be punished for having deliberately violated the orders dated 22-9-2008 and 22-11-2008 of this Hon'ble Court. In these circumstances, it is respectfully prayed that this Hon'ble Court may be pleased to: (a) Initiate contempt proceedings against the contemnors and punish the contemnors for contempt of this Hon'ble Court's orders dated 22-9-2008 and 22-11-2008. (b) Direct the appellants/contemnors to comply with the orders dated 22-9-2008 and 22-11-2008 passed by this Hon'ble Court including the payment of emoluments to the petitioners herein. (c) Any other order in the interest of justice. And for this the petitioners duty bound shall ever pray. Contempt Petition (C) Nos. 421 and 422 of 2015 in Civil Appeal Nos. 5899 and 5900 of 2008 14-9-2015 ORDER We have heard learned Counsel for the parties. The civil appeals are pending since 2008 and as many as 42 applications have been filed. In our opinion, the matters ought to be heard expeditiously and we direct accordingly.
Contempt Petition (C) Nos. 421 and 422 of 2015 in Civil Appeal Nos. 5899 and 5900 of 2008 14-9-2015 ORDER We have heard learned Counsel for the parties. The civil appeals are pending since 2008 and as many as 42 applications have been filed. In our opinion, the matters ought to be heard expeditiously and we direct accordingly. The appeals may be listed preferably in the month of November 2015. Insofar as the present contempt petitions are concerned, we are of the opinion that to resolve the controversies that have generated in these matters from time to time, the appropriate course of action would be to appoint the District Judge, Karwar as a receiver in respect of Shri Vinayak Temple, Idagunji, Uttar Kannada, Karwar until further order. The District Judge action as a receiver will ensure that our orders are complied with in letter and spirit, particularly orders dated 22-9-2008, 21-11-2008 and 7-10-2013. The District Judge may take the assistance of the Superintendent of Police for the purposes of implementation of the aforesaid orders. The District Judge will also look into other ancillary issues that may arise such as payments required to be made etc. A copy of the said order may immediately be sent to the District Judge along with copy of orders dated 22-9-2008, 21-11-2008 and 7-10-2013. The contempt petitions stand disposed of.