- 1 - NC: 2025:KHC:2315 WP No. 34574 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34574 OF 2024 (LB-RES) BETWEEN: 1. SRI HONNESH GOWDA B R ALIAS YAJMAN HONNESH GOWDA.B.R. S/O. LATE B.J. RAJ GOPAL AGED ABOUT 46 YEARS, SHIVANAGERE, JAKKENAHALLI POST, DODDERI HOBLI, MADHUGIRI TALUK,. TUMKUR TALUK …PETITIONER (BY SRI. A M MAHESHWARAPPA., ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, TUMKUR DISTRICT, PIN CODE TUMKUR 572102 2. THE EXECUTIVE OFFICER, MADHUGIRI, MADHUGIRI TALUK PIN CODE 572132 3. THE PANCHAYATH DEVELOPMENT OFFICER SAJJE HOSHALLI VILLAGE PANCHAYATH, DODDERI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT PIN CODE 572112 4. SREE HONNESHWARA SWAMY JEERNODARA TRUST SEVA SAMITHI (REGD) TRUST ACT 1861 REPRESENTED BY ITS PRESIDENT MANJUATH, S/O. JAVARAPPA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2315 WP No. 34574 of 2024 AGED ABOUT 54 YEARS, MUDIMADU VILLAGE, KHATA VEERANAHALLI POST, KALLEMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT. 572125 …RESPONDENTS (BY SRI. A.NAGARAJAPPA., ADVOCATE FOR R-1 TO R-3; SMT. SAMASHRITHA.R., ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDA., PRAYING TO DIRECT THE R-1 TO 3 TO STOP CONSTRUCTION ACTIVITIES OF HONNESHWARA SWAMY TEMPLE HAVING KHATHA NO. 483 SITUATED AT SHIVANAGERE VILLAGE DODDERI HOBI, MADHUGIRI TALUK, TUMKUR DISTRICT BEING CARRIED ON BY THE R-4 SREE HONNESHWARA SWAMY JEERNODARA TRUST SEVA SAMITHI (REGD), ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The records reveal that the petitioner had filed W.P.No.18853/2023 seeking for a similar relief before this Court and ultimately the petitioner chose to withdraw that writ petition with liberty to agitate his grievance before the appropriate forum. - 3 - NC: 2025:KHC:2315 WP No. 34574 of 2024 2. The said writ petition was dismissed as withdrawn, granting the petitioner liberty sought for. However, the petitioner has presented this writ petition once again seeking for the same relief. 3. Learned counsel when confronted with this, submitted that the earlier submission made in W.P.No.18853/2023 was based on a wrong perception and, therefore, the petitioner would be entitled to file a fresh writ petition. 4. In my view, this submission cannot be accepted. If the petitioner is of the view that the earlier submission made in W.P.No.18853/2023 was incorrect, he would have to move an appropriate application in that writ petition and he cannot file a fresh writ petition. 5. Consequently, this writ petition is dismissed. However, liberty is reserved to the petitioner to - 4 - NC: 2025:KHC:2315 WP No. 34574 of 2024 make an application in W.P.No.18853/2023, if it is permissible in law. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 29