- 1 - NC: 2025:KHC:12842 WP No. 49466 of 2015 C/W WP No. 49469 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 49466 OF 2015 (LR) C/W WRIT PETITION NO. 49469 OF 2015 IN WP No. 49466/2015: BETWEEN: 1. SRI. HANUMANTHA TEMPLE REDDY HALLI, BASAVAPATTANA HOBLI, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-577 213 REPRESENTED BY ITS DHARMADARSHI SRI.T.B.KRISHNA MURTHY S/O LATE BHEEMAPPA @ SANNA BHEEMAPPA AGED ABOUT 55 YEARS, R/AT REDDY HALLI, BELALAGERE (POST) CHANNIGIRI TALUK, DAVANAGERE-577 213. …PETITIONER (BY SRI. B S MURALI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER DAVANAGERE, DAVANAGERE DISTRICT-577213. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12842 WP No. 49466 of 2015 C/W WP No. 49469 of 2015 3. 3(a) SRI SANNAHANUMANTHAPPA @ HANUMANTHAPPA GOWDA, S/O KENCHAPPA SINCE DECEASED BY HIS LRS G.H.HANUMANTHAPPA S/O SANNAHANUMANTHAPPA @ HANUMANTHAPPA GOWDA, R/AT REDDY HALLI, BASAVAPATTANA HABLI, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. 3(b) SRI.B.H.BASAVARAJAPPA S/O SANNAHANUMANTHAPPA @ HANUMANTHAPPA GOWDA, R/AT REDDY HALLI, BASAVAPATTANA HABLI, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. 5. SRI RAMAPPA S/O KENCHAPPA, R/AT REDDY HALLI, BASAVAPATTANA HABLI, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 & R-2; SRI. P.M.SIDDAMALAPPA., ADVOCATE FOR R-3 (a & b); R-4 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE IMPUGNED ORDER DT.18.3.2015 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE IN APPEAL NO.78/2005, VIDE ANNX-B AND SET ASIDE THE SAME, BY ISSUING A WRIT OF CERTIORARI, ETC. - 3 - NC: 2025:KHC:12842 WP No. 49466 of 2015 C/W WP No. 49469 of 2015 IN WP NO. 49469/2015: BETWEEN: 1. SRI. HANUMANTHA TEMPLE REDDY HALLI, BASAVAPATTANA HOBLI, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. REPRESENTED BY ITS DHARMADARSHI, SRI. T.B.KRISHNA MURTHY, S/O. LATE BHEEMAPPA @ SANNA BHEEMAPPA, AGED ABOUT 55 YEARS, R/AT REDDY HALLI, BELALAGERE (POST), CHANNIGIRI TALUK, DAVANAGERE-577 213. ...PETITIONER (BY SRI. B S MURALI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-560 001. REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER DAVANAGERE, DAVANAGERE DISTRICT. 3. 3(a) SRI. KARIBASAPPA S/O. DODDAHANUMAPPA, SINCE DECEASED BY HIS LRS, SMT. GANGAMMA, W/O. LATE KARIBASAPPA, R/AT REDDY HALLI, BASAVAPATTANA HOBLI, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. 4. SRI. RAMAPPA - 4 - NC: 2025:KHC:12842 WP No. 49466 of 2015 C/W WP No. 49469 of 2015 S/O.KENCHAPPA, R/AT REDDY HALLI, BASAVAPATTANA HOBLI, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. ...RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 & R-2; R-4 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTIANING TO THE IMPUGNED ORDER DATED:18.3.2015 PASSED BY THE KARNATAKA APPEALLATE TRIBUNAL, BANGALORE IN APPEAL NO.79/2005 VIDE ANNEXURE-B AND SET ASIDE THE SAME, ETC. THESE PETITIONS, 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. Applications were filed by respondents No.3 and 4 in both the Writ Petitions seeking for confirmation of occupancy rights under Section 6A of the Karnataka (Religious and Charitable Endowments) Abolition of Inams Act, 1955 (for short, 'the Act'). 2. The Deputy Commissioner, on noticing the revenue entries from the year 1968-69, has recorded a finding of fact that the names of respondents No.3 and 4 in these two Writ Petitions were reflected in - 5 - NC: 2025:KHC:12842 WP No. 49466 of 2015 C/W WP No. 49469 of 2015 the RTC and he has, therefore, proceeded to confer occupancy rights on the respondents/ respondents No.3 and 4. 3. This order of the Deputy Commissioner was challenged by the petitioner - Temple before the Karnataka Appellate Tribunal (KAT), but the KAT found no reason to interfere with the order passed by the Deputy Commissioner and has proceeded to dismiss the appeal. As a consequence, the Temple is before this Court by way of these two Writ Petitions. 4. The Deputy Commissioner has categorically recorded a finding of fact that right from the year 1968-69, the names of the respondents No.3 and 4 in both the Writ Petitions were found in the RTC in column No.12(2), indicating that they were personally cultivating the lands in question and since Section 6A of the Act had conferred a right on the Poojari, who is personally cultivating the land, to be registered as - 6 - NC: 2025:KHC:12842 WP No. 49466 of 2015 C/W WP No. 49469 of 2015 an occupant, he has accordingly granted them the land under Section 6A of the Act. 5. The Deputy Commissioner was justified in passing the impugned order because of the entries in the RTC and this order has also been rightly confirmed by the Appellate Tribunal. I, therefore, find no reason to entertain these two Writ Petitions. The Writ Petitions are, therefore, dismissed. 6. In view of the disposal of the petitions, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 41