- 1 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 147391 OF 2020 (KLR-RR/SUR) C/W WRIT PETITION NO. 145194 OF 2020 IN WP NO.147391/2020 BETWEEN: KUMUDA W/O. SANTOSHCHANDRA MAHALE, AGED 67 YEARS, OCC: HOUSEHOLD, R/O: KARWAR ROAD, SHEDAGERI VILLAGE, TQ: ANKOLA, DIST: UTTARA KANNADA -581357 …PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. DEPUTY COMMISSIONER UTTARA KANNADA, KARWAR, DIST: UTTARA KANNADA-581301. 2. ASSISTANT COMMISSIONER KUMTA DIST: UTTARA KANNADA-581332. 3. TAHASHILDAR ANKOLA DIST: UTTARA KANNADA-581314. 4. REVENUE INSPECTOR ANKOLA, DIST: UTTARA KANNADA-581314. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 5. SHRI. VENKOBA DEV TEMPLE SHEDGERI TQ: ANKOLA, DIST: UTTARA KANNADA-581314 REPRESENTED BY TRUSTEES (RESPONDENTS 6 TO 9 CLAIM TOBE TRUSTEES) 6. NARAYAN BIRANNA NAYAK AGED: MAJOR, OCC: NOT KNOWN, R/O: ALGERI VILLAGE, TQ: ANKOLA DISTRICT: UTTARA KANNADA-581314. 7. KRISHNA TIMMANNA NAYAK AGED: MAJOR, OCC: NOT KNOWN, R/O: VANDIGE VILLAGE, TQ: ANKOLA, DIST: UTTARA KANNADA-581314. 8. PADMANABH D. KENIKAR AGED: MAJOR, OCC: NOT KNOWN, R/O: KENI, TQ: ANKOLA DIST: UTTARA KANNADA-581314. 9. GOPINATH VAMAN MAHALE AGED: MAJOR, OCC: NOT KNOWN, R/O: KAKARMATH, TQ: ANKOLA DIST: UTTARA KANNADA-581314. NOTE: NO RELIEF CLAIMED AGAINST VISHWAJIT S/O. KAMALAKAR NAYAK IN THE INSTANT WRIT PETITION. HENCE, HE HAS NOT MADE AS PARTY IN THIS PETITION. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R4; R5-SERVED; R6- ABATED (VIDE ORDER DATED 04.03.2025); R7 AND R8 – SERVED; R9- HELD SUFFICIENT VIDE ORDER DATED 25.03.2025) - 3 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, OR SUCH OTHER WRIT, QUASHING THE IMPUGNED ORDER DATED 17.06.2017, PASSED BY ASSISTANT COMMISSIONER, KUMTA IN PROCEEDING NO.R.T.S./A.P.S.R/67/2015-16 MARKER AT ANNEXURE-A AND ORDER DATED 11.11.2019 PASSED BY THE DEPUTY COMMISSIONER, UTTARA KANNDA, KARWAR, IN PROCEEDING NO.RB/RTR/CR/15/2018-19 MARKED AT ANNEXURE-B, IN THE INTEREST OF JUSTICE. IN WP NO.145194/2020 BETWEEN: SMT.SUSHEELA W/O.KAMALAKAR NAYAK, AGED 68 YEARS, OCC : HOUSEHOLD, R/O : "VASUDEV", VANDIGE, TALUKA: ANKOLA DIST : UTTARA KANANDA-581357. …PETITIONER (BY SRI. SHRIDHAR PRABHU, ADVOCATE FOR SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR DIST: UTTARA KANANDA-581301. 2. ASSISTANT COMMISSIONER, KUMTA DIST: UTTARA KANNADA-581332. 3. TAHASHILDAR ANKOLA, DIST : UTTARA KANNADA-581314. 4. REVENUE INSPECTOR, ANKOLA DIST: UTTARA KANNADA-581314. 5. SHRI. VENKOBA DEV TEMPLE SHEDGERI TQ : ANKOLA, DIST : UTTARA KANNADA-581314 REPRESENTED BY TRUSTEES (REPONDENTS 6 TO 9 CLAIM TO BE TRUSTEES) - 4 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 6. NARAYAN BIRANNA NAYAK AGED : MAJOR, OCC : NOT KNWON, R/O : ALGERI VILLAGE, TQ : ANKOLA, DIST : UTTARA KANNADA-581314. 7. KRISHNA TIMMANNA NAYAK AGED MAJOR, OCC : NOT KNWON, R/O : VANDIGE VILLAGE, TQ : ANKOLA, DIST : UTTARA KANNADA-581314. 8. PADMANABH.D.KENIKAR AGE : MAJOR, OCC : NOT KNWON, R/O : KENI, TQ : ANKOLA, DIST : UTTARA KANNADA-581314. 9. GOPINATH VAMAN MAHALE, AGED MAJOR, OCC : NOT KNWON, R/O : KAKARMATH, TQ : ANKOLA, DIST : UTTARA KANNADA-581314. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R4; SRI. S.V. YAJI, ADVOCATE FOR R5 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, OR SUCH OTHER WRIT, QUASHING THE IMPUGNED ORDER DATED 11.11.2019, MARKED AT ANNEXURE-L PASSED BY THE DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR IN PROCEEDINGS NO.RB/RTR/CR/34/2017-18 AND THE ORDER OF ASSISTANT COMMISSIONER, KUMTA DATED 15.04.2017 IN PROCEEDING NO.RTS/AP/SR/68/2015-16 MARKED AT ANNEXURE-K IN THE INTEREST OF JUSTICE. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 5 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. The petitioner in W.P.No.147391/2020 is seeking issuance of the writ in the nature of Certiorari to quash the order dated 17.06.2017, passed by the Assistant Commissioner, Kumta, produced as per Annexure-A and the order dated 11.11.2019, passed by the Deputy Commissioner, Uttara Kannada, produced as per Annexure-B. 2. The petitioner in W.P.No.145194/2020 is seeking issuance of writ in the nature of Certiorari to quash the order dated 11.11.2019, passed by the Deputy Commissioner, Uttara Kannada, produced as per Annexure-L and also the order dated 15.04.2017, passed by the Assistant Commissioner, Kumta, produced as per Annexure-K. 3. The contentions of the petitioners in both the petitions are that; - 6 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 3.1. The petitioner in W.P.No.147391/2020, purchased the land bearing Survey No.8/2A, measuring 10 Guntas 9 Annas, situated at Shedageri Village, Ankola Taluk, and the petitioner in W.P.No.145194/2020 purchased the land measuring 02 guntas in Shedageri Village, Ankola Taluk, under the registered sale deeds dated 12.11.2013. 3.2. Pursuant to the registered sale deeds, the petitioners filed applications with the revenue authorities, to mutate their names on the basis of the registered sale deeds. Accordingly, M.R.No.H54/13-14 and M.R.No.H55/13-14, were certified. 3.3. Challenging the same, the contesting respondents filed an appeal before the Assistant Commissioner, who passed the impugned orders, produced as per Annexure – A and - 7 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 Annexure – K, respectively, in both these petitions. 3.4. The said orders were confirmed by the Deputy Commissioner, produced as per Annexure-B and Annexure-L respectively, in both these petitions. 3.5. Being aggrieved by the same, the petitioners are before this Court. 4. The main ground on which the impugned orders at Annexure - A and B in W.P.No.147391/2020 and Annexures - K and L in W.P.No.145194/2020, came to be passed by the Assistant Commissioner and the Deputy Commissioner respectively, is that, Respondent No.5 - Temple, is governed by the Bombay Public Trust Act, 1950, and therefore, prior permission to sell the land was required to be obtained. Since the same was not obtained, the sale is void. - 8 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 5. Learned counsel for the petitioners placed reliance on the decision of this Court in Sri. Sringeri Nelamau Samsthanam Vs. State of Karnataka and Others1, wherein it is declared that the Bombay Public Trust Act, 1950, in its application to the State of Karnataka, is struck down as unconstitutional. The said order of the Coordinate Bench of this Court was challenged before the Division Bench in The State of Karnataka and Others Vs. Sringeri Nelamau Samastanam2. The same came to be dismissed vide order dated 30.07.2003. 6. From the above, it is clear that the application of the provisions of the Bombay Public Trust Act, 1950, to the State of Karnataka, has already been struck down. Under such circumstances, the Assistant Commissioner and the Deputy Commissioner could not have held that, for want of permission under the 1 1997 SCC Online KAR 615 2 WRIT APPEAL NOs.489 AND 429 OF 1998 - 9 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 Bombay Public Trust Act, 1950, the sale deeds executed on behalf of Respondent No.5, are not valid. 7. Learned counsel for Respondents No.5 to 9, opposing the petitions, contended that, Respondent No.5 is a notified temple and therefore, is governed by the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (‘the Act’, for short). However, he has not produced the notification required to be notified under Section 23 of the Act. 8. It is brought to the notice of the Court that, Respondent No.5, represented by its trustees, filed O.S.No.9/2018 and O.S.No.10/2018, seeking declaration that the sale deeds, which are the subject matter in these writ petitions, are bad under law and for cancellation of the same. It is contended by the learned counsel for petitioners that the suits are already dismissed for default. However, the learned - 10 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 counsel for respondent pleads ignorance about the same. 9. In view of these facts and circumstances, I am of the opinion that, the impugned order passed by the Deputy Commissioner, Uttara Kannada, is required to be quashed and names of the petitioners are required to be entered in the revenue records, on the basis of the registered sale deeds. If in case the contesting respondent succeeds in the civil suit referred to above, he could seek modification of the revenue entries based on such decree. 10. Accordingly, I proceed to pass the following: ORDER i. Writ Petitions are allowed. ii. In W.P.No.147391/2020, the impugned order dated 17.06.2017, passed by the Assistant Commissioner, Kumta, produced as per Annexure- A and the order dated 11.11.2019, passed by the - 11 - NC: 2025:KHC-D:5518 WP No. 147391 of 2020 C/W WP No. 145194 of 2020 Deputy Commissioner, Uttara Kannada, produced as per Annexure-B, are set aside. M.R.No.H54/13014 is ordered to be restored. iii. In W.P.No.145194/2020, the impugned order dated 11.11.2019, passed by the Deputy Commissioner, Uttara Kannada, produced as per Annexure-L and also the order dated 15.04.2017, passed by the Assistant Commissioner, Kumta, produced as per Annexure-K, are set aside. M.R.No.H55/13014 is ordered to be restored. iv. It is made clear that, if in case the respondent No.5 succeeds before the Civil Court in the suits instituted by him, he could seek modification of the entries in the revenue records on the basis of such decree. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 2 Sl No.: 8