Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22649 WP No. 13362 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 13362 OF 2018 (KLR-RES) BETWEEN:
1. SRI. NEELAKANTA SARANGA DESIKENDRA MAHASWAMIGALU, RAMALINGESHWARA MUTT, HARANAHALLI, HONNALI TALUK, DAVANAGERE DISTRICT-577217 BRANCH MUTTS AT BANGALORE CITY AND ALL OVER INDIA, REPT. BY ITS G.P.A.HOLDER V. LAKSHMINARAYANA, S/O SANJEEVA RAYUDU, AGED ABOUT 78 YEARS. …PETITIONER (BY SRI. ADINARAYAN, ADVOCATE;
SRI. LOKESH C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPT BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560001. 2. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA/VIDHANA SOUDHA, BANGALORE-560001 REPT.BY ITS SECRETARY. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:22649 WP No. 13362 of 2018
3. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, AMBEDKAR VEEDI, BANGALORE-560001 REPT.BY ITS SECRETARY. 4. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT,. BANGALORE-560009. 5. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT. BANGALORE-560009. 6. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002. 7. DR. MAHESHWARA SHIVACHARYA SWAMIJI PEETHADHIPATHI OF
"SRI KELADI RAJAGURU SAMSTHANA HIREMATT", @ "SRIMAD KELADI SAMSTHANA MUTT" @
"HIREMATHA", BANDAGADDE, KELADI POST, SAGAR TALUK, SHIVAMOGGA-577401 SHIVAMOGGA DISTRICT. 8. SRI K.S.CHOUDARY S/O LATE K ADISHESHAIAH, AGED ABOUT 40 YEARS, R/AT NO.7, POOJA NILAYA, THINDLU VILLAGE, BANGALORE-560097. 9. M/S AVIKSHA PROPERTIES PVT LTD OFFICE AT SRINIDHI ENVOY, NO.3, 4TH C CROSS,
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HC-KAR NC: 2025:KHC:22649 WP No. 13362 of 2018
2ND MAIN ROAD, KASTURINAGAR, BANGALORE-560043 REPT.BY ITS MANAGING DIRECTOR, SRI G. CHANDRASHEKAR. 10. THE BANGALORE METRO RAIL CORPORATION LTD., ( A JOINT VENTRURE OF GOVT.OF KARNATAKA & GOVT OF INDIA) REGD. OFFICE AT B.M.T.C. COMPLEX, 3RD FLOOR, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027. REPT. BY ITS MANAGER. 11. THE SPL. LAND ACQUISITION OFFICER K.I.A.D.B.(METRO), IST FLOOR, MAHARSHI ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BANGALORE-560001. 12. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION LTD
"TRANSPORT HOUSE:, K H ROAD, SHANTHINAGAR, BANGALORE-560027 REPT. BY ITS CHAIRMAN. 13. KRISHNA FLOOR MILLS & KRISHNA INDUSTRIES PVT LTD., NO.19, PLATFORM ROAD, SHESHADRIPURAM ROAD, BANGALORE-560020. REPT BY ITS MANAGER. 14. MOVIELAND TALKIES NO.250, S.C.ROAD, GANDHINAGAR, BANGALORE-560009 REPT BY ITS PROPRIETOR. - 4 -
HC-KAR NC: 2025:KHC:22649 WP No. 13362 of 2018
15. ROYAL LODGE & ROYAL RESIDENCY NO.251 & 252, S.C.ROAD, NEAR KAPALI THEATRE, GANDHINAGAR, BANGALORE-560009 REPT.BY ITS MANAGER. 16. SRI. KENCHAMAMBA LODGE NO.197, ANANTH ASHRAMA LANE, S.C.ROAD, GANDHINAGAR, BANGALORE. REPT BY ITS MANAGER. 17.
H.L.V.GRAND INN HOTEL NO.2 (10), ANANTHA SWAMY MUTT TOAD, S.C.ROAD, GANDHINAGAR, BANGALORE-560009 REPT.BY ITS MANAGER. 18. EMBASSY LODGE NO.2/1, ANANTHA SWAMY MUTT ROAD, S.C.ROAD, GANDHINAGAR, BANGALORE-560009 REPT BY ITS MANAGER. 19. SRI RAMAKRISHNA LODGE NO.266, S.C.ROAD, GANDHINAGAR, BANGALORE-560009 REPT BY ITS MANAGER. 20. PRIYADARSHINI RESTAURANT INSIDE THE RAMAKRISHNA LODGE, NO.262, S.C.ROAD, GANDHINAGAR, BANGALORE-560009 REPT BY ITS MANAGER. 21. S.R.S. TRAVELS ANADA RAO CIRCLE, S.C.ROAD, GANDHINAGAR, BANGALORE-560009. - 5 -
HC-KAR NC: 2025:KHC:22649 WP No. 13362 of 2018
REPT BY ITS MANAGEING DIRECTOR. 22. SANDYA LODGE NO.70, S.C.ROAD, GANDHINAGAR, BANGALORE-560009 REPT BY ITS MANAGER. 23. MATHRUBAI YAJAMAN GANGADHARAPPA SAHUKAR KHANDAPPA TRUST, NO.69 (OLD NO.111), S.C.ROAD, GANDHINAGAR, BANGALORE-560009 REPT BY ITS TRUSTEE. 24. J. P. FORTUNE HOTEL NO.68,S.C.ROAD, GANDHINAGAR, BANGALORE-560009 REPT BY ITS MANAGER. 25. PRESTIGE ESTATES PROJECTS PVT LTD HAVING ITS OFFICE AT THE FALCON HOUSE, NO.1, MAIN GUARD CROSS ROAD, BANGALORE-560001. REPT.BY ITS AUTHORIZED SIGNATORY
26. CENTURY REAL ESTATE HOLDINGS PVT LTD., & CENTURY SALES GALLERIA, OFFICE AT OPP.TO SAHAKARANAGAR CROSS, BELLARY ROAD, BANGALORE-560092 REPT BY ITS SENIOR MANAGER RAJATH N.
27. MRS. LAKSHMI GOPAL MAKHIJA W/O MR GOPAL MAKHIJA, AGED ABOUT 61 YEARS, R/AT NO.15 (14) KRISHNAPPA BLOCK, 2ND CROSS, MALLESHWARAM, BANGALORE-560003. - 6 -
HC-KAR NC: 2025:KHC:22649 WP No. 13362 of 2018
28. MR. RAMJI A PATEL S/O ARJUN K PATEL, AGED ABOUT 68 YEARS, R/AT NO.335/942, 4TH MAIN ROAD, OFF.BANNERGHATTA ROAD, BILEKALHALLI, BTM 2ND STAGE, BANGALORE-560076. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R5;
SRI. N.K. RAMESH, ADVOCATE FOR R6;
SRI. V. VISWANATHA SETTY, ADVOCATE FOR R7;
SRI. K. KRISHNA & SMT. VASANTHA, ADVOCATES FOR R10;
SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R11;
SRI. P.D. SURANA, ADVOCATE FOR R12 SRI. V. RAMESH BABU, ADVOCATE FOR R13;
SRI. R. SHIVACHARAN, ADVOCATE FOR R14 & R15;
SRI. KUMAR M.D., ADVOCATE FOR R16;
R17 TO R19, R21, R24 ARE SERVED;
SRI. L. RAJA, ADVOCATE FOR R20;
SMT. TANMAYEE RAJKUMAR, ADVOCATE FOR R22;
SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR R23; SRI.
K. CHANDAN, ADVOCATE FOR R26;
SRI. B. PRAMOD, ADVOCATE FOR R28 V/O DATED 25.09.2019 NOTICE TO R8, R9, R25 & R27 HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO.1 TO 6 TO TAKE OVER THE POSSESSION OF THE MUTT PROPERTIES FROM THE CUSTODY OF THE RESPONDENTS NO.7 TO 28 AS PER THE ORDER OF THE REVENUE COMMISSIONER PASSED ON 10.09.1880 AT ANNEX- B; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:22649 WP No. 13362 of 2018
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this writ petition, petitioner has sought for a writ of mandamus directing the respondent Nos.1 to 6 to take over the possession of the petition - Mutt properties from the custody of respondent Nos.7 to 28 in terms of the order of the Revenue Commissioner dated 10.09.1880 (Annexure-B).
2. Heard the submissions made by the learned counsel appearing for the petitioner and learned counsel appearing for the respondents. The petitioner herein is seeking implementation of the order passed more than 140 years back. In that view of the matter, as disputed questions of fact are to be adjudicated, the petitioner cannot maintain this writ petition under Article 226 of the Constitution of India.
3. Accordingly, the writ petition is dismissed. Pending I.As. if any, do not survive for consideration.
SD/- (E.S.INDIRESH) JUDGE
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