- 1 - NC: 2025:KHC-D:1360 WP No. 100128 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100128 OF 2022 (LB-RES) BETWEEN: SHREE SHIVALING DEVALAYA SEVA SAMITI, TRUST NAVANAGAR, BAGALKOT, REPRESENTED BY ITS PRESIDENT, SHRI. MURUGENDRA, S/O. VEERABHADRAYYA PURANIK, AGE: 64 YEARS. …PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE BAGALKOT CITY DEVELOPMENT AUTHORITY, BAGALKOT, DIST: BAGALKOT, REPRESENTED BY ITS COMMISSIONER, PIN-587 101. 2. THE CHIEF ENGINEER, THE BAGALKOT CITY DEVELOPMENT AUTHORITY, BAGALKOT, DIST: BAGALKOT-587101. 3. THE REHABILITATION OFFICER, THE BAGALKOT CITY DEVELOPMENT AUTHORITY, BAGALKOT, TALUK: BAGALKOT, DIST: BAGALKOT-587101. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, ADVOCATE FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED RESOLUTION DATED 16.07.2021 IN BOARD MEETING NO.144 SO FAR AS IT RELATES TO SUBJECT NO.12B IS CONCERNED VIDE ANNEXURE-F PASSED BY RESPONDENT NO.2 AND INTIMATION LETTER DATED 16.08.2021 IN NO.PUA:BA.PA.AA.PRA:CR:2021-22/1715 VIDE ANNEXURE-G PASSED BY RESPONDENT NO.3; TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO ALLOT THE REMAINING PORTION OF THE OPEN SPACE TO THE GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1360 WP No. 100128 of 2022 EXTENT OF 596 SQUARE FEET SITUATED AT PLOT NO.78 IN SECTOR NO.II NAVANAGAR, BAGALKOT TO THE PETITIONER TRUST BY ALLOWING THIS WRIT PETITION; TO DIRECT THE RESPONDENTS TO PRODUCE THE RELEVANT RECORDS BEFORE THIS HON’BLE COURT REGARDING ALLOTTING THE ADDITIONAL PLOTS TO THE RELIGIOUS MATH, TEMPLES, EDUCATION INSTITUTIONS WHICH ARE SIMILARLY SITUATED TO THE PETITIONERS AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. To Issue writ in the nature of certiorari to quash the impugned resolution dated 16.07.2021 in board meeting No.144 so far as it relates to subject No.12B is concerned vide ANNEXURE-F passed by Respondent No.2 and intimation letter dated 16.08.2021 in No.PUA:BA.PA.AA.PRA:CR:2021-22/1715 vide ANNEXURE-G passed by Respondent No.3. 2. To issue writ in the nature of mandamus directing the respondents to allot the remaining portion of the open space to the extent of 596 square feet situated at Plot No.78 in sector No.II Navanagar, Bagalkot to the Petitioner trust by allowing this writ Petition, in the interest of justice and equity. 3. To direct the respondents to produce the relevant records before this Hon’ble court regarding allotting the additional plots to the religious math, temples, education institutions which are similarly situated to the Petitioners. 4. To issue any other order, directions as deems fit in the circumstances of the case. - 3 - NC: 2025:KHC-D:1360 WP No. 100128 of 2022 2. The brief facts of the case are; 2.1. The petitioner is a Religious Trust running a temple. Earlier the temple was situated in CTS No.217/A/4 of Bagalkot Town, which came to be submerged under the UKP project. As such, the said land came to be acquired and compensation paid. 2.2. The petitioner made an application for allotment of a plot for construction of temple. Initially the said application was accepted and Hakku Patra was issued on 23.07.2007 for a portion of the plot No.78 measuring 16.20 x 30 metres, totally measuring 486 square metres. 2.3. Subsequently the petitioner made an application for grant of remaining portion of the said plot No.78 which is considered in the meeting of respondent No.1 on 27.06.2019 - 4 - NC: 2025:KHC-D:1360 WP No. 100128 of 2022 and directed to be placed before this sub- committee. 2.4. The sub-committee in its meeting held on 10.02.2021, recommended allotment of the remaining portion. 2.5. When the Board took up the matter on 16.07.2021, the Board rejected the said recommendation on the ground that there is no particular provision which is available to grant this additional land to the petitioner. 2.6. It is challenging the same, the petitioner is before this Court. 3. The submission of Sri.Shivaraj Mudhol, learned counsel for the petitioner is that, the property of the petitioner which was submerged measured 896 square metres and what has been allotted is only 473 square metres and as such, the balance land in plot No.78 is required to be allotted to the petitioner - 5 - NC: 2025:KHC-D:1360 WP No. 100128 of 2022 to build a proper temple and for carrying out religious activities. 4. The submission of Sri.G. K. Hiregoudar, learned counsel appearing for respondents No.1 to 3 is that, there is no particular provision entitling the petitioner for allotment of any land or plot. The allotment made earlier was in the development carried out by respondent No.1 where layout had been formed in Navanagar and therein a portion of the land had been identified for construction of a temple. This allotment by itself would not confer any right on the petitioner to seek for additional land. The petitioner having already received the compensation for the submerged land, he submits that the above petition is required to be dismissed. 5. Heard Sri.Shivaraj Mudhol, learned counsel for the petitioner and Sri.G.K.Hiregoundar, learned counsel for respondents No.1 to 3. - 6 - NC: 2025:KHC-D:1360 WP No. 100128 of 2022 6. It is not in dispute that the petitioners land is submerged, as regards which the petitioner has received compensation. There is no particular provision which has been brought to the notice of this Court indicating the right of the petitioner for allotment of any land after having received compensation. Except to contend that there is a vacant land next to plot No.78, which also is required to be allotted to the petitioner, there being no right under any particular law vested with the petitioner for allotment of land. 7. This Court in the earlier round of litigation in W.P.Nos.67712-67713/2011, vide order dated 08.03.2017 (Shivalinga Devalaya Seva Samiti Trust Vs. Bagalkot City Development Authority and another), had observed that no further allotment could be made to the petitioner. Such an order having been passed by this Court, would be binding on respondents No.1 to 3 also, which has - 7 - NC: 2025:KHC-D:1360 WP No. 100128 of 2022 been taken note of by the respondent Board in its meeting held on 16.07.2021 and a resolution passed rejecting the request of the petitioner. The rejection being in furtherance of the order of this Court, the petitioner not being able to establish any particular right under any law for allotment of additional land after having received compensation, no grounds being made out, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 24