- 1 - HC-KAR NC: 2025:KHC-K:3315 WP No. 200861 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200861 OF 2025 (LB-RES) BETWEEN: SRI. SWAMY ANANDANANDA SARASWATHI S/O GURUDEV SRI JNANANANDA SARASWATHI SWAMJI, AGE: 38 YEARS, OCC: SWAMY (PRIEST), R/O: YADALAPUR VILLAGE, TQ. AND DIST. RAICHUR. …PETITIONER (BY SRI. AMEETH KUMAR DESHPANDE SENIOR ADVOCATE A/W SRI. S. G. MATH, ADVOCATES) AND: 1. THE HON’BLE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001. 2. DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER AT RAICHUR-584101. 3. ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER AT RAICHUR-584101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3315 WP No. 200861 of 2025 4. THE MUNICIPAL CORPORATION RAICHUR AT RAICHUR, AT RAICHUR CORPORATION-584101. 5. THE TAHASILDAR OF RAICHUR TQ. AND DIST. RAICHUR-584101. 6. ADDITIONAL DIRECTOR OF ANIMALS HUSBANDRY AT RAICHUR-584101. …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o. 200861 of 2025 TEMPLE, AND OTHER CONSTRUCTIONS, WHICH WERE BUILT AND MAINTAINED BY THE PETITIONER FOR RELIGIOUS, CHARITABLE, AND PUBLIC WELFARE PURPOSES C) TO DIRECT THE RESPONDENTS TO COMPENSATE THE PETITIONER FOR THE FINANCIAL LOSS OF APPROXIMATELY RS.2 CRORE, INCURRED DUE TO THE ILLEGAL DEMOLITION OF THE FENCING, TEMPLE, GOSHALA, WATCHMEN’S HOUSE, AND OTHER FACILITIES CONSTRUCTED FOR THE BENEFIT OF THE PUBLIC AND THE WELFARE OF COWS AND ANIMALS. D) TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION AT ANNEXURE- B AND CONSIDER THE REPRESENTATIONS AT ANNEXURES-M TO S TO ALLOT THE LAND IN SURVEY NO.202 IN FAVOR OF THE TRUST OF SRI GURUJI PARAMAHAMSA MAHA MRUTYUNJAYA ASHRAMA GOSHALA, FOR THE PURPOSE OF SHAMBHAVA YOGA PITH, PRANAYAMA DHYAN, AND GOSHALA, ENSURING THAT THE POSSESSION AND ENJOYMENT OF THE SAID LAND ARE NOT FURTHER DISTURBED. E) TO DIRECT THE RESPONDENTS TO TAKE APPROPRIATE LEGAL ACTION AGAINST THE OFFICIALS AND AUTHORITIES RESPONSIBLE FOR THE ILLEGAL DEMOLITION, IN ACCORDANCE WITH LAW, ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-K:3315 WP No. 200861 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner claims to be in unauthorised occupation and possession of 10 acres of land situated in Sy.No.202 of Yegnoor Village, Raichur taluka and district and he said to have established an Ashram/Goshala over there. The petitioner has been dispossessed of the said lands by the State. In the meanwhile, the petitioner has submitted representation to the State contending that, many similarly situated Goshala/Ashrams have been granted lands by the State and there is no impediment for the State to grant the present land in favour of the petitioner and hence, the same should be granted in his favour. As his representation has not been considered, the present writ petition is filed with following prayers: “A) to issue a writ of mandamus or any other appropriate writ, order, or direction, directing the - 5 - HC-KAR NC: 2025:KHC-K:3315 WP No. 200861 of 2025 respondents to restore the possession of the land vide bearing survey No.202, measuring 10 acres 00 guntas, situated at Yegnoor village, taluk and district Raichur, which was illegally demolished and illegally evicted to the petitioner by the respondents without following the due process of law and in violation of the principles of natural justice; b) to issue a appropriate writ, order, or direction, demolition is illegal and action of the respondents in demolishing the structures and properties, including the goshala, temple, and other constructions, which were built and maintained by the petitioner for religious, charitable, and public welfare purposes; c) to direct the respondents to compensate the petitioner for the financial loss of approximately Rs.2 crore, incurred due to the illegal demolition of the fencing, temple, goshala, watchmen’s house, and other facilities constructed for the benefit of the public and the welfare of cows and animals; D) to direct the respondents to consider the application at Annexure-B and consider the representations at Annexures-M to S to allot the land in Survey No.202 in favor of the trust of Sri Guruji Paramahamsa Maha Mrutyunjaya Ashrama Goshala, for the purpose of Shambhava Yoga Pith, Pranayama Dhyan, and Goshala, ensuring that the possession - 6 - HC-KAR NC: 2025:KHC-K:3315 WP No. 200861 of 2025 and enjoyment of the said land are not further disturbed; E) to direct the respondents to take appropriate legal action against the officials and authorities responsible for the illegal demolition, in accordance with law.” 2. Learned Additional Advocate General appearing for the State submits that, the petitioner does not have any right, title or interest over the writ petition schedule property and if, he has been erroneously dispossessed, he should have approached the Civil Court and a writ is not maintainable in this regard. However, he fairly submits that representation of the petitioner will be considered in accordance with law. 3. Admittedly, petitioner presently is not having any right, title or interest over the property concerned. Whether he is entitled to any grant as requested by him or not is a matter to be examined by the State. - 7 - HC-KAR NC: 2025:KHC-K:3315 WP No. 200861 of 2025 4. This Court on 20.03.2025 has passed the following interim order: “Learned Government Advocate accepts notice on behalf of respondent Nos.1 to 3, 5 and 6. Learned counsel for the petitioner is permitted to serve the copy of the petition to standing counsel Sri Gourish S.Khashampur for respondent No.4. It is stated that the respondent –authorities are trying to demolish the structure in the petition property without any notice and without any process of law. Till the next date of hearing, the third parties rights shall not be created in the petition property. List this matter on 07.04.2025.” 5. In the light of the submission made by learned Additional Advocate General, I am of the opinion that, interest of justice would be met if, the State were to be directed to consider the representation of the petitioner in accordance with law and thereafter take a decision with regard to the property concerned. - 8 - HC-KAR NC: 2025:KHC-K:3315 WP No. 200861 of 2025 6. Hence the following: ORDER (i) Writ petition is hereby disposed of. (ii) Respondent No.2 shall consider the representations made by the petitioner (vide Annexure-N to S to the writ petition) within a period of two weeks from the date of receipt of certified copy of this order and shall pass appropriate orders in accordance with law. (iii) Till a decision is taken by respondent No.2, the interim order passed by this Court on 20.03.2025 shall continue to operate. It is hereby made clear that the right of the petitioner has not been examined on merits regarding the grant and all contentions to be considered by respondent No.2 are kept open. - 9 - HC-KAR NC: 2025:KHC-K:3315 WP No. 200861 of 2025 In view of disposal of main petition, pending IAs., if any, do not survive for consideration and same shall be disposed of. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 35 CT:SI