- 1 - HC-KAR NC: 2025:KHC:38043 WP No. 27408 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.27408 OF 2025 (KLR-RES) BETWEEN: SHRI. BRAHMATANTRA SWATANTRA PARAKALA SWAMY MUTT REP. BY ITS ADMINISTRATOR SRI SRINIVAS RAGHAVAN AGED ABOUT 65 YEARS SITUATED AT NO.408 KRISHNA VILLAS ROAD SUBBARAYANAKERE CHAMRAJPURA, MYSURU KARNATAKA-570 004. …PETITIONER (BY SRI MAHADESHWARAN C. N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT BENGALURU-560 001 2. REGIONAL COMMISSIONER MYSURU DIVISION, MYSURU REVENUE DEPARTMENT OFFICE AT HIGH VIEW, VINOBA ROAD OPPOSITE TO KALAMANDIR MYSURU-570 005 3. ADDITIONAL DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38043 WP No. 27408 of 2025 REVENUE DEPARTMENT OFFICE AT HIGH VIEW, VINOBA ROAD OPPOSITE TO KALAMANDIR MYSURU-570 005 4. ASSISTANT COMMISSIONER MANDYA SUB-DIVISION, MANDYA HAVING OFFICE AT P.E.S COLLEGE CAMPUS, MANDYA KARNATAKA-571 401 5. THASILDAR MALAVALLI MANDYA DISTRICT REVENUE DEPARTMENT HAVING OFFICE AT NH-209 KOLLEGALA MAIN ROAD MANDYA-571 430 6. THASILDAR REVENUE DEPARTMENT PANDAVPURA TALUK, PANDAVPURA MANDYA DISTRICT HAVING OFFICE AT NH-209 KOLLEGALA MAIN ROAD MANDYA-571 430 …RESPONDENTS (BY SRI V. SESHU, H.C.G.P.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 11/07/2025, NO.RCM-DEV3LOBO/67/2024 E-403067 ISSUED BY RESPONDENT NO-2 AT ANNEXURE-H, AS ONE WITHOUT AUTHORITY OF LAW AND DIRECT RESPONDENTS NOS.2 TO 6, NOT TO INTERFERE WITH DAY TO DAY ACTIVITIES OF THE TEMPLE AND FURTHER NOT TO INTERFERE WITH THE PEACEFUL POSSESSION AND ENJOYMENT OF TEMPLE WHICH IS SITUATED IN THE SCHEDULE PROPERTY. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38043 WP No. 27408 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner, a religious Mutt represented by its Administrator is before this Court aggrieved of the Official Memorandum at Annexure-H, dated 11.07.2025 issued by respondent No.2-Regional Commissioner, Mysuru Division. 2. Learned Counsel for the petitioner-Mutt submits that at the instance of certain persons, the respondent- Tahsildar, Krishnaraja Pete Taluk conducted an enquiry and submitted a Report to the Assistant Commissioner, Pandavapura Sub-Division, stating that there was no merit in the allegation made by the said persons against the petitioner-Mutt. It was also noticed that the complainants have already filed a suit in O.S.No.134/2025 on the file of the learned Senior Civil Judge and JMFC at Krishnaraja Pete and therefore, the Tahsildar opined that no action can be taken pursuant to the complaints made by those persons and accordingly an endorsement may be issued to them. Nevertheless, the said persons who had made - 4 - HC-KAR NC: 2025:KHC:38043 WP No. 27408 of 2025 complaints against the petitioner-Mutt approached the Regional Commissioner, Mysuru Division and the Regional Commissioner issued the impugned Official Memorandum dated 11.07.2025 directing that there shall be an enquiry held by a Committee headed by the Additional Deputy Commissioner, Mysuru District, comprising of the Assistant Commissioner, Mandya Sub-Division, the Tahsildar Malavalli Taluk and Tahsildar Pandavapura Taluk. 3. On the previous date of hearing, the learned Counsel for the petitioner submitted that the Regional Commissioner has not mentioned the powers exercised by the said authority while passing the impugned Official Memorandum. This Court therefore directed the learned High Court Government Pleader to secure instructions from the Regional Commissioner as to the powers exercised by the Regional Commissioner in passing the impugned Official Memorandum. 4. Learned High Court Government Pleader submits on instructions that the Regional Commissioner has not - 5 - HC-KAR NC: 2025:KHC:38043 WP No. 27408 of 2025 pointed out to any provision of law to exercise such powers to direct enquiry. 5. In that view of the matter, the writ petition is allowed. The impugned Official Memorandum at Annexure-H dated 11.07.2025 is hereby quashed and set aside. Needless to observe that if the State Government, through the Revenue Department, is of the opinion that any part of the land in the possession to the petitioner- Mutt are public property and have been unauthorisedly encroached upon or is being used by the petitioner-Mutt, then appropriate action may be taken only in accordance with law. Ordered accordingly. 6. Pending Interlocutory Applications, if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT:VC