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2025 DAILYLAW 18145 (KAR)

B S VASUDEV v. THE STATE OF KARNATAKA

WP/52679/2016 · 2025-04-09

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:15602 WP No. 52679 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 52679 OF 2016 (KLR-RES) BETWEEN: 1. B S VASUDEV AGED ABOUT 50 YEARS, S/O SRINIVASA MURTHY, R/AT NO.19, 7TH A MAIN ROAD, MUTHYALAMMA NAGAR, BENGALURU-560 054. …PETITIONER (BY SRI. P. KARUNAKARA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE SECRETARYA TO GOVERNMENT, MUZARAI DEPARTMENT, VIDHANA SOUDHA, BENGALURU-01. 2. DEPUTY COMMISSIONER FOR KANDAYA BHAVAN, BENGALURU-560 002. 3. THE COMMISSIONER, LAND SURVEY, BENGALURU-560 002. 4. THE TAHASILDAR BENGALURU NORTH TALUK, BENGALURU-560 002. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15602 WP No. 52679 of 2016 ORDER DATED:22.7.2016 PASSED BY THE R-2 PRODUCED AT ANNEXURE-A, 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. This writ petition is filed challenging the order by which 1 acre 1 gunta of land in Sy.No.29 which belonged to one Mutyalamma Temple has been handed over to the Muzrai Department for its care. 2. Learned counsel for the petitioner submits that the petitioner's forefathers had built the temple and the petitioner's family have been performing the poojas and several religious activities for more than 100 years and the land would therefore have to remain in the name of the temple. 3. It is contended that the land cannot be handed over to the Muzrai Department as it could be misused by the Government Authorities for granting the land to the undesirable people. - 3 - NC: 2025:KHC:15602 WP No. 52679 of 2016 4. In my view, since it is not in dispute that the land in question is a Muzrai Temple, the Muzrai Department would have the right to maintain the temple and its properties. In that view of the matter, the order directing the Muzrai Department to take over the management of 1 acre 1 gunta of land in Sy.No.29 cannot be found fault with. 5. However, at the same time, it is hereby ordered that the Government shall not lease or in any way induct any third parties into the property bearing Sy.No.29 and the same would be utilized solely for the purpose of performing poojas and the religious activities of the temple. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 60