- 1 - NC: 2025:KHC:9429 WP No. 11368 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11368 OF 2015 (LR) BETWEEN: 1. RUDRAPPA S/O CHANNAPPA DEAD BY LRS., 1(a) RAJAMMA, W/O LATE RUDRAPPA., AGED ABOUT 60 YEARS, 1(b) NANDISHA, S/O LATE RUDRAPPA., AGED ABOUT 32 YEARS, 1(c) SOMESHA, S/O LATE RUDRAPPA., AGED ABOUT 32 YEARS, ALL ARE R/OF IBJALA VILLAGE, HULLAHALLI HOBLI, NANJANAGUDU TALUK, MYSORE DISTRICT. 2. CHANNABASAPPA S/O CHANNAPPA SINCE DEAD BY LRs., 2(i) KENDAGANNAMMA, W/O NIJALINGAPPA., AGE 50 YEARS, R/O IBJALA VILLAGE, HULLAHALLI HOBLI, NANJANAGUDU TALUK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9429 WP No. 11368 of 2015 MYSURU DISTRICT-571314. 2(ii) SHIVALINGAPPA., S/O LATE CHANNABASSAPPA., AGE 46 YEARS, R/O IBJALA VILLAGE, HULLAHALLI HOBLI, NANJANAGUDU TALUK, MYSURU DISTRICT-571314. 2(iii) RAJAPPA., S/O LATE CHANNABASSAPPA., AGE 43 YEARS, R/O LANKE VILLAGE, SARAGURU HOBLI, H.D.KOTE TALUK, MYSURU DIST-571125. 2(iv) GIRISH, S/O LATE CHANNABASSAPPA., AGE 38 YEARS, R/O MADAPURA VILLAGE, HAMPAPAURA HOBLI, HJ.D.KOTE TALUK, MYSURU DISTRICT-571125. …PETITIONERS (BY SRI. SYED AKBAR PASHA., FOR SRI. MAHANTESH S HOSMATH., ADVOCATE FOR LRs., OF PETITIONER No.1 AND 2) AND: 1. THE SPL. DEPUTY COMMISSIONER COMMISSIONER FOR INAM MYSORE. 2. THE SOMESHWAR TEMPLE IBJALA VILLAGE, REP BY TAHASILDAR NANJANGUD TALUK MYSORE DISTRICT-570001. - 3 - NC: 2025:KHC:9429 WP No. 11368 of 2015 3. THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT BANGALORE-560001. …RESPONDENTS (BY SMT WAHEEDA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.2.2015 VIDE ANNEXURE-H PASSED BY DEPUTY COMMISSIONER MYSORE AND ALLOW THE PETITIONERS FORM NO.1 GRANTING OCCUPANCY RIGHTS TO PETITIONERS, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are challenging the order by which the Deputy Commissioner has come to the conclusion that the grant in respect of which the petitioners have filed Form-I was not an inam land. 2. The Deputy Commissioner has noticed from the Index of Land and Record of Rights that the land was not an inam land and in fact, it was mentioned as - 4 - NC: 2025:KHC:9429 WP No. 11368 of 2015 ‘sarkari’ He has recorded a finding that there is no record to indicate that the land in question was included in the Register of Inams, Quit rent Register and Alienation Register as required under the explanation to the definition of "Religious Inam or Charitable Inam". 3. If the land over which the petitioners made a claim was not an inam land, the question of Deputy Commissioner granting it under the provisions of the Inams Abolition Act will not arise. It is also to be stated here that the temple in question was considered as a Minor Muzrai institution only in the year 1988 by virtue dastik allowances granted to it. It is therefore clear that the land in question was not endowed to the temple as on the relevant date for the petitioners to make a claim that they were cultivating the land which was endowed by the temple by virtue of being Archaks to the temple. In - 5 - NC: 2025:KHC:9429 WP No. 11368 of 2015 my view, there is no merit in the writ petition and the same is accordingly dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 52