Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30159 WP No. 22551 of 2025 C/W WP No. 22287 of 2025 WP No. 22289 of 2025 AND 5 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22551 OF 2025 (GM-RES) C/W WRIT PETITION NO. 22287 OF 2025 (GM-ST/RN) WRIT PETITION NO. 22289 OF 2025 (GM-ST/RN) WRIT PETITION NO. 22555 OF 2025 (GM-RES) WRIT PETITION NO. 22623 OF 2025 (GM-RES) WRIT PETITION NO. 22649 OF 2025 (GM-RES) WRIT PETITION NO. 22875 OF 2025 (GM-RES) WRIT PETITION NO. 23225 OF 2025 (GM-RES)
IN WP No. 22551/2025 BETWEEN:
SMT. S GAYATHRI, W/O. SRI. K MURALIDHARA, AGED ABOUT 59 YEARS, R/AT NO.27, RAGHAVANAGARA, 40 FEET ROAD, BENGALURU-560026,
…PETITIONER (BY SRI. VASANTH KUMAR H.T., ADVOCATE)
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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AND:
1. THE STATE OF KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND AND 3RD FLOOR, SRI. MALAIMAHADESHWARAVARTHA BHAVAN ALUR VENKATRAO ROAD, CHAMARAJAPETE, BANGALORE-560018 REPRESENTED BY ITS COMMISSIONER. 2. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT BANGALORE-560009. 3. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS KANDAAYA BHAVAN, 8TH FLOOR, K.G ROAD, BANGALORE - 560040
4. THE SUB REGISTRAR, NO. 1943, KENGERI MAIN ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BANGALORE - 562130
5. THE PANCHAYATH DEVELOPMENT OFFICER, CHANNENAHALLI GRAMA PANCHAYATH, THAVAREKERE HOBALI, MAGADI MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-562 130
…RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4;
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SRI. K.M.PRAKASH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER VIDE NO. A.SA.PA.SANKEY.A D M 3/L N D/31/06-07 ISSUED BY THE R-1 DTD 20.04.2021 VIDE ANNX-E; QUASH THE IMPUGNED ENDORSEMENT VIDE NO. KRA.SAM.CHA.GRA.PAM.PATHRA//2025-26 ISSUED BY THE R-5 DTD 23.04.2025 VIDE ANNX-G; DIRECT THE R- 4 TO REGISTER THE DOCUMENTS PERTAINING INTO THE PETITIONERS SITE BEARING NO. 50, OF KADUKARENAHALLI (KURABARAHALLI VILLAGE) DIRECT THE R-5 TO ISSUE E-KHATHA IN RESPECT OF THE PETITIONERS SITE BEARING NO. 50, OF KADUKARENAHALLI (KURABARAHALLI VILLAGE)
IN WP NO.
22287/2025 BETWEEN:
SRI JAHEER AHMAD, S/O. SRI, LATE JAMAL AHMAD, AGED ABOUT 65 YEARS, R/AT NO.255, KHB COLONY, KENGERI UPANAGARA, KENGERI, BENGALURU-560060,
...PETITIONER (BY SRI. VASANTH KUMAR H.T.., ADVOCATE) AND:
1. THE STATE OF KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND AND 3RD FLOOR, SRI. MALAIMAHADESHWARAVARTHA BHAVANA,
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ALUR VENKATRAO ROAD, CHAMARAJAPETE, BANGALORE-560018 REPRESENTED BY ITS COMMISSIONER. 2. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT. BANGALORE-560009. 3. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS KANDAAYA BHAVAN, 8TH FLOOR, K.G ROAD, BANGALORE - 560040
4. THE SUB REGISTRAR, NO. 1943, KENGERI MAIN ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BANGALORE - 562130
5. THE PANCHAYATH DEVELOPMENT OFFICER, CHANNENAHALLI GRAMA PANCHAYATH, THAVAREKERE HOBALI, MAGADI MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-562 130 ...RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4;
SRI. K.M.PRAKASH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED LETTER VIDE NO. A.SA.PA.SANKEY.A D M 3/L N D/31/06-07 ISSUED BY THE R-1 DTD 20.04.2021 VIDE ANNX-E; DIRECT THE R-4 TO REGISTER THE DOCUMENTS PERTAINING INTO THE PETITIONERS SITE BEARING NO. 82A, OF
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KADUKARENAHALLI (KURABARAHALLI VILLAGE);
DIRECT THE R-5 TO ISSUE E-KHATHA IN RESPECT OF THE PETITIONERS SITE BEARING NO. 82A, OF KADUKARENAHALLI (KURABARAHALLI VILLAGE). IN WP NO. 22289/2025 BETWEEN:
SRI. H. G. DEEPAK, S/O SRI. H.P GURUMURTHY, AGED ABOUT 45 YEARS, R/AT NO. 125, 1ST MAIN ROAD, 7TH CROSS, HRUSHIKESHANAGARA, HOSKEREHALLI, BENGALURU-560085, ...PETITIONER (BY SRI. VASANTH KUMAR H.T..,ADVOCATE) AND:
1. THE STATE OF KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND AND 3RD FLOOR, SRI. MALAIMAHADESHWARAVARTHA BHAVANA, ALUR VENKATRAO ROAD, CHAMARAJAPETE, BANGALORE-560018 REPRESENTED BY ITS COMMISSIONER. 2.
THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT. BANGALORE-560009. 3. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF
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STAMPS KANDAAYA BHAVAN, 8TH FLOOR, K.G ROAD, BANGALORE-560040. 4. THE SUB REGISTRAR, NO. 1943, KENGERI MAIN ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BANGALORE-562130. 5. THE PANCHAYATH DEVELOPMENT OFFICER, CHANNENAHALLI GRAMA PANCHAYATH, THAVAREKERE HOBALI, MAGADI MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-562 130. ...RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4;
SRI. K.M.PRAKASH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER VIDE NO. A.SA.PA.SANKEY A D M 3/L N D/31/06-07 ISSUED BY THE R-1 DTD 20.04.2021 VIDE ANNX-E; QUASH THE IMPUGNED ENDORSEMENT VIDE NO. U.NO.KA/THA/OTHERS/11/2025-26 DTD 09.07.2025, ISSUED BY THE R-4 VIDE ANNX-G; DIRECT THE R-4 TO REGISTER THE DOCUMENTS PERTAINING INTO THE PETITIONERS SITE BEARING NO. 152, OF KADUKARENAHALLI (KURABARAHALLI VILLAGE) DIRECT THE R-5 TO ISSUE E-KHATHA IN RESPECT OF THE PETITIONERS SITE BEARING NO. 152, OF KADUKARENAHALLI (KURABARAHALLI VILLAGE)
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IN WP NO. 22555/2025 BETWEEN:
SRI. CHETAN B BHARADWAJ S/O. LATE SRI. BHAGVAN. A, AGED ABOUT 40 YEARS, R/AT NO 1399/1, PAVITRA A BLOCK, SAHAKARANAGARA, BENGALURU-560092, ...PETITIONER (BY SRI. VASANTH KUMAR H.T..,ADVOCATE) AND:
1. THE STATE OF KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND AND 3RD FLOOR, SRI. MALAIMAHADESHWARAVARTHA BHAVANA, ALUR VENKATRAO ROAD, CHAMARAJAPETE, BANGALORE-560018 REPRESENTED BY ITS COMMISSIONER. 2. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT. BANGALORE-560009. 3. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS, KANDAAYA BHAVAN, 8TH FLOOR, K.G ROAD, BANGALORE - 560040
4. THE SUB REGISTRAR, NO.
1943, KENGERI MAIN ROAD, TAVAREKERE,
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BENGALURU SOUTH TALUK, BANGALORE - 562130
5. THE PANCHAYATH DEVELOPMENT OFFICER, CHANNENAHALLI GRAMA PANCHAYATH, THAVAREKERE HOBALI, MAGADI MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-562 130 ...RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4;
SRI. K.M.PRAKASH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED LETTER VIDE NO. A.SA.PA.SANKEY.A D M 3/L N D/31/06-07 ISSUED BY THE 1ST RESPONDENT DATED 20.04.2021 VIDE ANNEXURE E; ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT VID ENO. KRA.SAM.CHA.GRA.PAM.PATHRA/69/2025-26 ISSUED BY THE 5TH RESPONDENT DATED 17.07.2025 VIDE ANNEXURE G; ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO REGISTER THE DOCUMENTS PERTAINING INTO THE PETITIONERS SITE BEARING NO. 75, OF KADUKARENAHALLI (KURABARAHALLI VILLAGE). IN WP NO. 22623/2025 BETWEEN:
1. SRI K JAYARAMIAH S/O. CHIKKAOBALAIAH, AGED ABOUT 59 YEARS,
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R/AT NO,43, 2ND MAIN ROAD, BYRAVESHWARA NAGAR, NAGARABHAVI MAIN ROAD, BENGALURU-560072, ...PETITIONER (BY SRI. VASANTH KUMAR H.T..,ADVOCATE) AND:
1. THE STATE OF KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND AND 3RD FLOOR, SRI. MALAIMAHADESHWARAVARTHA BHAVANA, ALUR VENKATRAO ROAD, CHAMARAJAPETE, BANGALORE-560018 REPRESENTED BY ITS COMMISSIONER. 2. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT. BANGALORE-560009. 3. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS KANDAAYA BHAVAN, 8TH FLOOR, K.G ROAD, BANGALORE - 560040
4. THE SUB REGISTRAR, NO. 1943, KENGERI MAIN ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BANGALORE - 562130
5.
THE PANCHAYATH DEVELOPMENT OFFICER, CHANNENAHALLI GRAMA PANCHAYATH,
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THAVAREKERE HOBALI, MAGADI MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-562 130 ...RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4;
SRI. K.M.PRAKASH, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER VIDE NO. A.SA.PA.SANKEY.A D M 3/L N D/31/06-07 ISSUED BY THE R-1 DTD. 20.04.2021 VIDE ANNX-E; QUASH THE IMPUGNED ENDORSEMENT VIDE NO. U.NO.KA/THA/OTHERS/08/2025-26 DTD. 03.07.2025 ISSUED BY THE R-4 VIDE ANNX-G; DIRECT THE R-4 TO REGISTER THE DOCUMENTS PERTAINING INTO THE PETITIONERS SITE BEARING NO. 76 OF KADUKARENAHALLI (KURABARAHALLI VILLAGE).DIRECT THE R-5 TO ISSUE E KHATHA IN RESPECT OF THE PETITIONERS SITE BEARING NO. 76 OF KADUKARENAHALLI (KURABARAHALLI VILLAGE). IN WP NO. 22649/2025 BETWEEN:
SRI T KRISHNA KUMAR S/O. SRI, THOPE GOWDA, AGED ABOUT 34 YEARS, R/AT NO.24, KUSUMA NILAYA, PRAKASH REDDY LEN, NEAR GOVERNMENT SCHOOL, DODDANAKUNDI, BENGALURU-560037, ...PETITIONER
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(BY SRI. VASANTH KUMAR H.T..,ADVOCATE) AND:
1. THE STATE OF KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND AND 3RD FLOOR, SRI. MALAIMAHADESHWARAVARTHA BHAVANA, ALUR VENKATRAO ROAD, CHAMARAJAPETE, BANGALORE-560018 REPRESENTED BY ITS COMMISSIONER. 2. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT. BANGALORE-560009. 3. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS KANDAAYA BHAVAN, 8TH FLOOR, K.G ROAD, BANGALORE - 560040
4. THE SUB REGISTRAR, NO. 1943, KENGERI MAIN ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BANGALORE - 562130
5. THE PANCHAYATH DEVELOPMENT OFFICER, CHANNENAHALLI GRAMA PANCHAYATH, THAVAREKERE HOBALI, MAGADI MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-562 130 ...RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT.
NAVYA SHEKHAR, AGA FOR R1 TO R4;
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SRI. K.M.PRAKASH, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER VIDE NO. A.SA.PA.SANKEY.A D M 3/L N D/31/06-07 ISSUED BY THE R-1 DTD. 20.04.2021 VIDE ANNX-E; QUASH THE IMPUGNED ENDORSEMENT VIDE NO. U.NO.KA/THA/OTHERS/10/2025-26 DTD. 03.07.2025 ISSUED BY THE R-4 VIDE ANNX-G; DIRECT THE R-4 TO REGISTER THE DOCUMENTS PERTAINING INTO THE PETITIONERS SITE BEARING NO. 77 OF KADUKARENAHALLI (KURABARAHALLI VILLAGE).DIRECT THE R-5 TO ISSUE E KHATHA IN RESPECT OF THE PETITIONERS SITE BEARING NO. 77 OF KADUKARENAHALLI (KURABARAHALLI VILLAGE). IN WP NO. 22875/2025 BETWEEN:
1. SMT. P. NAGASHARADA W/O. SRI. N. GOVINDASAMY, AGED ABOUT 47 YEARS, R/AT NO. 264, 2ND B MAIN ROAD, GIRINAGARA, 1ST STAGE, BENGALURU-560 085. 2. SMT. P. NAGAMAHESH S/O. SRI. P. R. KRISHNAMURTHY RAO, AGED ABOUT 42 YEARS, R/AT NO. 22, 1ST E MAIN ROAD, GIRINAGARA, 2ND STAGE, BENGALURU-560085. ...PETITIONERS (BY SRI. VASANTH KUMAR H.T..,ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND AND 3RD FLOOR, SRI. MALAIMAHADESHWARAVARTHA BHAVANA, ALUR VENKATRAO ROAD, CHAMARAJAPETE, BANGALORE-560018 REPRESENTED BY ITS COMMISSIONER. 2. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT. BANGALORE-560009. 3. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS KANDAAYA BHAVAN, 8TH FLOOR, K.G ROAD, BANGALORE - 560040
4. THE SUB REGISTRAR, NO. 1943, KENGERI MAIN ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BANGALORE - 562130
5. THE PANCHAYATH DEVELOPMENT OFFICER, CHANNENAHALLI GRAMA PANCHAYATH, THAVAREKERE HOBALI, MAGADI MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-562 130 ...RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4; SRI.
K.M.PRAKASH, ADVOCATE FOR R5)
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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER VIDE NO. ISSUED BY THE R1 DATED 20/04/2021 VIDE ANNX-E; DIRECT THE R4 TO REGISTER THE DOCUMENTS PERTAINING INTO THE PETITIONERS SITE BEARING NO. 107, OF KADUKARENAHALLI (KURABARAHALLI VILLAGE).C) DIRECT THE R5 TO ISUE E KHATHA IN RESPECT OF THE PETITIONERS SITE BEARING NO. 107, OF KADUKARENHALLI (KURABARAHALLI VILLAGE). IN WP NO. 23225/2025 BETWEEN:
SRI SATHISH SHETTY S/O. SRI SUNDAR SHETTY, AGED ABOUT 54 YEARS, R/AT NO.36-105-50, GURUSHREE NILAYA, 1 FLOOR, 1 MAIN ROAD, KAVERIPURA, KAMAKSHIPALYA, BENGALURU-560079, ...PETITIONER (BY SRI. VASANTH KUMAR H.T..,ADVOCATE) AND:
1. THE STATE OF KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND AND 3RD FLOOR, SRI. MALAIMAHADESHWARAVARTHA BHAVANA, ALUR VENKATRAO ROAD, CHAMARAJAPETE, BANGALORE-560018 REPRESENTED BY ITS COMMISSIONER. 2. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT. - 15 -
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BANGALORE-560009. 3. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS KANDAAYA BHAVAN, 8TH FLOOR, K.G ROAD, BANGALORE - 560040
4. THE SUB REGISTRAR, NO. 1943, KENGERI MAIN ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BANGALORE - 562130
5. THE PANCHAYATH DEVELOPMENT OFFICER, CHANNENAHALLI GRAMA PANCHAYATH, THAVAREKERE HOBALI, MAGADI MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-562 130 ...RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4;
SRI. K.M.PRAKASH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER VIDE NO. A.SA.PA.SANKEY.A.D.M 3/LND/31/06-07 ISSUED BY THE R1 DATED 20/04/2021 VIDE ANNX-E; QUASH THE IMPUGNED ENDORSEMENT VIDE NO.
KRA.SAM.CHA.GRA.PAM.PATHRA/18/2025-26 ISSUED BY THE R5 DATED 16/05/2025 VIDE ANNX-G; DIRECT THE R4 TO REGISTER THE DOCUMENTS PERTAINING INTO THE PETITIONERS SITE BEARING NO. 144, OF KADUKARENAHALLI (KURABARAHALLI VILLAGE);
DIRECT THE R5 TO ISUE E KHATHA IN RESPECT OF
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THE PETITIONERS SITE BEARING NO. 144, OF KADUKARENAHALLI (KURABARAHALLI VILLAGE). THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioners are aggrieved by the Endorsement dated 20.04.2021 by the Commissioner, Hindu Religious Institutions and Charitable Endowments Department [the common first respondent] and the consequential individual Endorsements issued by the Panchayath Development Officer [PDO], Channenahalli Grama Panchayath [the common fifth respondent]. The Commissioner has issued the impugned Endorsement dated 20.04.2021 mentioning inter alia that a total extent of 1,198 acres 34 guntas in Byalalu, Cholanayakanahalli, Doddamaranahalli, Kadukarenahalli (Kurubarapalli), Peddanapalya villages, Bengaluru South Taluk, is gifted in favour of
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the Department way back in the year 1939 and in the light of this gift, no third party can assert any interest in this extent and that proceedings are pending to take possession of the respective extents.
2. The petitioners assert that they have purchased sites in the different survey numbers of the aforementioned Villages, and that there are necessary permissions for diversion and approval. The petitioners rely upon the order of this Court in W.P.No.5111/2022, which is
disposed of on 25.08.2022, to assert that their rights are affected by the impugned Communications. This Court in W.P.No.5111/2022 has admittedly quashed the similar Endorsement and the consequential Communications from the PDO. 3. Mr. Vasanth Kumar H.T, the learned counsel for the petitioners, submits that, on grounds of parity, the impugned Endorsements must also be quashed with a direction to the fifth respondent [the
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PDO] to issue E-Katha for the corresponding sites. Mrs. Prathima Honnapura, a learned Additional Advocate General, submits that this Court's order in W.P.No.5111/2022 is in view of the peculiarities of that case and the decision therein cannot be a precedent for allowing these writ petitions. The learned Additional Advocate General emphasises that if proceedings are pending to ascertain the Department's title and interest in an extent over 1,198 acres and 34 guntas, the PDO cannot issue E-Katha in detriment to the Department's interest. 4. These rival submissions are considered in the circumstances in which this Court has disposed of the writ petition in W.P.No.5111/2022. The petitioner in such petition has presented his grievance asserting that he had purchased a site in Sy.Nos.129, 130 and 131 of Kurubarahalli Village, Bangalore South Taluk relying upon not just the diversion permitted under the Karnataka Land
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Revenue Act 1964 and the layout approval but also the details of the grant of occupancy rights under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 [for short, 'the Inams Abolition Act']. This Court, in these circumstances, has reasoned thus. "10. The rights which were alleged to have existed in favour of the respondent No.1 prior to commencement of Act, 1954 automatically stood extinguished after the lands vested with the Government free from all encumbrances and also after occupancy rights were granted in favour of Inamdars/Tenants. The order granting occupancy rights has attained finality and binding on the respondent No.1.
Hence, the impugned endorsement issued by the respondent No.1 refusing to grant NOC to the petitioner for release of the sites by the respondent No.3 is contrary to provisions of law and there is no requirement for obtaining NOC by the petitioner from respondent No.1."
5. This Court finds considerable force in the
submissions on behalf of the Department that unless specifics of each claim are duly considered, the
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conclusion in W.P.No.5111/2022 cannot be applied. This Court must also observe that it becomes the responsibility of the concerned with the State Government to examine in each case whether occupancy rights are granted under the Inams Abolition Act and the lands are diverted from agricultural to non-agricultural purposes, and then restrict registration or deny the benefit of revenue entries; otherwise, the transactions, which are permissible, possibly with grant of occupancy rights and other approvals will be stalled resulting in deprivation of civil rights.
6. This Court therefore opines that the essential question will be: whether the lands claimed by these petitioners under their predecessors-in- interest are subject to the provisions of the Inams Abolition Act and whether occupancy rights have been granted. This question must be examined by the Special Deputy Commissioner, Bengaluru District
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HC-KAR NC: 2025:KHC:30159 WP No. 22551 of 2025 C/W WP No. 22287 of 2025 WP No. 22289 of 2025 AND 5 OTHERS
[the common second respondent], who will have access to all the records. In the circumstances, the following:
ORDER a. The petitions are disposed of reserving liberty to each of the petitioners to file a representation with the Special Deputy Commissioner, Bengaluru District, Bengaluru either jointly or individually enclosing a certified copy of this order and the copies of the documents relied upon by them. b. The petitioners will be at liberty to file a representation as aforesaid within four [4] weeks from the date of receipt of a certified copy of this order. c. If the petitioners file the representation as now permitted, the Special Deputy Commissioner shall consider each of the representations and communicate
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HC-KAR NC: 2025:KHC:30159 WP No. 22551 of 2025 C/W WP No. 22287 of 2025 WP No. 22289 of 2025 AND 5 OTHERS
the outcome of such consideration to the petitioners within an outer limit of eight [8] weeks from the date of receipt of the representation. d. It is needless to observe that the fifth respondent [the PDO] and even the Sub-Registrar will have to fall-in-line with the final decision in that regard and permit completion of the transaction.
Sd/- (B M SHYAM PRASAD) JUDGE
RB