- 1 - NC: 2025:KHC:2298 WP No. 26105 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 26105 OF 2024 (KLR-RES) BETWEEN: 1. SRI SHANKARA BHAT K.V., S/O. LATE VENKAPPAYYA K.S., AGED ABOUT 59 YEARS, R/AT HOUSE NO.159/161, THEPPASANDRA VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKUR DISTRICT-572 130. 2. SRI AVINASH K.S., S/O. SRI SHANKARA BHAT K.V, AGED ABOUT 32 YEARS, R/AT HOUSE NO.142, CHOTNAHALLI VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 130. 3. SMT. VIDYALAKSHMI K.R., W/O. SRI AVINASH K S., AGED ABOUT 30 YEARS, R/AT HOUSE NO.142, CHOTNAHALLI VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 130. …PETITIONERS (BY SRI. PRASANNA V.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF REVENUE, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:2298 WP No. 26105 of 2024 M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU-572 101. 3. THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION, TUMAKURU DISTRICT, TUMAKURU-572 101. 4. THE TAHSILDAR, KUNIGAL TALUK, KUNIGAL, TUMAKURU DISTRICT-572 130, 5. THE COMMISSIONER, DEPT. OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, STATE OF KARNATAKA, NO.2, 3 & 4TH FLOOR, MINTO ANJANEYASWAMY BUILDING, ALURU VEKATARAO ROAD, CHAMARAJPET, BENGALURU-560 018. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.2, 4 AND 5 TO CONSIDER THEIR REPRESENTATIONS DATED 12.08.2024 AND 29.08.2022 VIDE ANNEXURE-A AND A-1 RESPECTIVELY SO AS TO KEEP OPEN THE ROAD IN SY.NO.70 OF THEPPASANDRA VILLAGE OF KUNIGAL TALUK LEADING TO THE PROPERTIES OF THE PETITIONERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:2298 WP No. 26105 of 2024 ORAL ORDER In the captioned petition, petitioner is seeking mandamus against respondent Nos.2, 4 and 5 to consider the petitioners representations dated 12.08.2024 and 29.08.2022 as per Annexure-A and A1 and maintain the existing roads running through Sy.No.70 of Theppasandra Village of Kunigal Taluk which runs to the petitioners' properties. 2. The facts leading to the case are as under: Petitioners are the agriculturists and own agricultural lands in Sy.No.10/2 and Sy.No.38/16. Petitioners asserts that they have purchased the lands under registered sale deed as per Annexures-B and B1. Petitioners are carrying out agricultural activities and they have access through the lands measuring 10 acres in Sy.No.70 which admittedly is owned by the Government which is standing in the name of deity of the temple under the supervision of respondents. Petitioners asserts that there exists a mud road in Sy.No.70 and except this road, petitioners have no - 4 - NC: 2025:KHC:2298 WP No. 26105 of 2024 access to reach their lands. Petitioners to substantiate the existence of the road are placing reliance on the RTC as well as village map which is evidenced at Annexure-C1 and C2 respectively. 3. Petitioners positively assert that this mud road is situated in Survey No.70 and leads to Sy.No.10/1, 10/2, 11/1, 11/2, 12/1, 12/2, 12/2, 13/1, 13/2 and then it leads to Sy.No.38/16. 4. The Learned Additional Government Advocate, upon receiving instructions, submitted that the Archaka of the temple deity, who is the lessee of the property under a lease agreement executed by the State, has been explicitly instructed not to cause any obstruction or blockade of the road passing through Sy.No.70. It was further clarified that the road in question is a public access route, essential for the use of farmers and other stakeholders who rely on this thoroughfare to reach their respective lands. The State has recognized the importance of maintaining this road for agricultural and other Vide Court Order dated 27.02.2025, Page No.4 is retyped and replaced. - 5 - NC: 2025:KHC:2298 WP No. 26105 of 2024 purposes and has issued necessary directions to ensure the same. 5. The Learned Additional Government Advocate also assured this Court that appropriate measures will be taken to secure an undertaking from the Archaka, ensuring that there will be no future obstruction or hindrance caused to the road leading through Sy.No.70. This undertaking would be binding on the Archaka, and the authorities will monitor compliance with these directives to prevent recurrence of such grievances. Recalling this assurance provided by the Learned Additional Government Advocate, this Court directs that immediate steps be undertaken to guarantee uninterrupted access to the road for farmers and other stakeholders. Compliance with these directions will ensure that the rights of the farmers and the general public are safeguarded, maintaining harmony between the stakeholders and the temple administration. - 6 - NC: 2025:KHC:2298 WP No. 26105 of 2024 ORDER i. The writ petition is allowed; ii. Respondent No.4-Tahsildar shall ensure that the road which runs through Sy.No.70 is made available to the farmers who own adjoining land beyond Sy.No.70. iii. Respondent No.4-Tahsildar shall serve a copy of the order passed by this Court on the Archaka and secure an affidavit of undertaking that he will not obstruct the free access that is available to the adjoining owners beyond Sy.No.70. iv. Such an undertaking shall be filed in the registry within a period of four weeks from the date of receipt of the order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE RR List No.: 1 Sl No.: 1