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2025 DAILYLAW 13699 (KAR)

THE SHIVAGANGE GRAMA PANCHAYAT v. THE STATE OF KARNATAKA

WP/8245/2017 · 2025-03-10

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:10189 WP No. 8245 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8245 OF 2017 (GM-R/C) BETWEEN: THE SHIVAGANGE GRAMA PANCHAYAT SHIVAGANGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, REPRESENTED BY ITS PRESIDENT, SRI HONNAGANGA SHETTY, S/O. LATE S.P. CHANDRASHEKARAIAH. …PETITIONER (BY SRI. NAGARAJ DAMODAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE COMMISSIONER, THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, FORT ROAD, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, V.V. TOWER, VIDHANA VEEDHI ROAD, BANGALORE-560 001. 3. THE ADMINISTRATOR AND ASST. COMMISSIONER THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, BANGALORE RURAL DISTRICT, BANGALORE-560001. 4. THE TAHASHILDAR AND MUZRAI OFFICER NELAMANGALA TALUK, NELAMANGALA-562123. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10189 WP No. 8245 of 2017 5. THE EXECUTIVE OFFICER SRI. GANGADHRESHWARA SWAMY AND HONNADEVI TEMPLE, SHIVAGANGE, SOMPURA HOBLI, NELAMANGALA TALUK-562123. BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO R4; SRI. A G GURURAJA FOR C/R5., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND THEREBY QUASH THE IMPUGNED ORDER DTD23.1.2047 ISSUED BY THE R-1 AS PER ANNEXURE-J AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Issue writ, order or direction in the nature of Certiorari thereby quash the impugned order bearing No. ADM 11 CR 217/2015-16 dated23.01.2017, issued by the R1 as per Annexure-J b. Issue any other writ order or direction as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice and equity. 2. The grievance of the petitioner is that respondent No.5 is opting the right to collect the parking fees as - 3 - NC: 2025:KHC:10189 WP No. 8245 of 2017 regards the lands belonging to the petitioner-Gram Panchayath. 3. An identical issue has been considered by this Court in the case of The Secretary, Melina Jooganahalli Grama Panchayat (SS Ghati) vs. State of Karnataka and others1 which is also a Writ Petition filed by the Grama Panchayath making a similar grievance against respondent No.5 Temple therein. 4. I am of the considered opinion that the very same order equally applicable to the present matter. Hence, I pass the following: ORDER i) The Grama Panchayat shall have the exclusive right to collect the parking fee from the vehicles parked on the lands belonging to the Grama Panchayat. ii) Respondent No.5-Temple Administration shall have the exclusive right to collect the parking 1 WP No.48236_2003 dated 14.9.2007 - 4 - NC: 2025:KHC:10189 WP No. 8245 of 2017 fee from the vehicles parked in the lands belonging to the respondent No.5-Temple. iii) For rendering the necessary services to respondent No.5-Temple, the petitioner is entitled to demand the recurring or non- recurring contributions from respondent No.5 Temple Administration. iv) The Writ Petition is allowed in the above terms. No order as to costs. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 44