- 1 - NC: 2025:KHC:10578 WP No. 31783 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 31783 OF 2024 (LR) BETWEEN: 1. SRI. THYAGARAJ S/O. LATE AVULAPPA, AGED ABOUT 50 YEARS, RESIDENT AT WARD NO.30, OPP. RAILWAY STATION, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT 563125 …PETITIONER (BY SRI. P.N.RAJESWARA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR -563125. 2. THE ASSISTANT COMMISSIONER AND PRESIDENT, LAND TRIBUNAL, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-563125 3. THE ENDOWMENT OFFICERS AND THE TAHSILDAR CHINTAMANI TALUK, CHINTAMANI CHIKKABALLAPUR DISTRICT- 563125 4. N. RAMACHANDRA, S/O GIDDANAGARI NARAYANAPPA AGED ABOUT 60 YEARS 5. N. SRINIVAS, S/O LATE GIDDANAGARI NARAYANAPPA, AGED ABOUT 55 YEARS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10578 WP No. 31783 of 2024 R-4 & R-5 RESIDING AT AGRAHARA VILLAGE CHINTAMANI TOWN CHIKKABALLAPUR DISTRICT-563125. 6. SMT. RAJAMMA W/O. YALAHANKA NAGAPPA, AGED 62 YEARS, 7. SRI. GANGADHARA S/O. LATE YALAHANKA NAGAPPA, AGED 43 YEARS, 8. SRI. MUNIRAJA S/O. YALAHANKA NAGAPPA AGED 36 YEARS, 9. SRI. VENKATESH S/O. YELAHANKA NAGAPPA AGED 30 YEARS, 10. SRI. SEENAPPA S/O. JADIYATI NARAYANAPPA, AGED 65 YEARS, R-6 TO R-10 ARE R/A CHOWDESHWARI COLONY, CHINTAMANI TOWN, CHIKKABALLPUR DISTRICT-563125 11. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENT MULTISTORIED BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560 001. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3 & R-11; SRI. PRAVEEN KUMAR.N.K., ADVOCATE FOR R-4 & R-5; SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R-7 & R-10; R-6, R-8 & R-9 ARE SERVED AND UNREPRESENTED) - 3 - NC: 2025:KHC:10578 WP No. 31783 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN LRF/MISC/C.R/26/2014-15 (ANNEXURE- A) ON THE FILE OF THE R-1 AND QUASH THE ORDER DATED. 22.09.2023 PASSED BY R-1 IN LRF/MISC/C.R/26/2014-15 (ANNEXURE-A) AND CONSEQUENTLY DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DATED. 26.06.2023 AT ANNEXURE-L, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed challenging an order passed by the Deputy Commissioner, by which the Deputy Commissioner has rejected the claim of the petitioner to cancel the khata, which was registered in the name of respondent Nos.4 and 5. 2. The Deputy Commissioner has recorded a finding that respondent Nos.4 and 5 were the beneficiaries of an order passed by the land Tribunal dated 19.08.1982 and, they had also succeeded in a civil proceeding, which ultimately culminated before this Court in RSA No.237/2013. - 4 - NC: 2025:KHC:10578 WP No. 31783 of 2024 3. The Deputy Commissioner has accordingly refused to entertain the plea and has rejected the claim of the petitioner. 4. Learned counsel for the petitioner contends that the land in question is the only means of access to the temple for the villagers and, therefore, the registration of khata in favour of the respondent Nos.4 and 5 cannot be sustained. 5. As rightly noticed by the Deputy Commissioner, the land Tribunal has passed an order on 19.08.1982 that is more than 22 years ago conferring occupancy rights on respondent Nos.4 and 5. There has also been a civil suit between respondent Nos.4 and 5 and respondent Nos.6 and 7, which ultimately ended in favor of respondent Nos.4 and 5. 6. In the light of these proceedings, the Deputy Commissioner was justified in refusing to entertain the plea of the petitioner. - 5 - NC: 2025:KHC:10578 WP No. 31783 of 2024 7. I find no reason to entertain this petition. This petition is therefore dismissed. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 7