- 1 - HC-KAR NC: 2025:KHC:44380 WP No. 31803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31803 OF 2025 (GM-R/C) BETWEEN: SRI. SOMESH S/O LATE YOGANNA, AGED ABOUT 54 YEARS, RESIDING AT HALEVOORU VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK - 572123 …PETITIONER (BY SRI.B.V.KRISHNA, ADVOCATE) AND: 1. THE COMMISSIONER, KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT, ALURU VENKATARAO ROAD, CHAMRAJPET, BENGALURU 560 018 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU - 560 101 3. THE ASSISTANT COMMISSIONER, TUMAKURU SUB DIVISION, TUMAKURU - 560 101 4. THASILDAR, KUNIGAL TALUK, KUNIGAL 572130 TUMAKURU DISTRICT 5. THE EXECUTIVE OFFICER, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44380 WP No. 31803 of 2025 SRI. HULIYURAMMA TEMPLE, HALEVOORU, HULIYURUDURGA HOBALI, KUNIGAL TALUK – 572123 6. SRI. B. C. KEMPAIAH, S/O. SRI. CHIKKAHUDUGAIAH, AGED ABOUT 60 YEAR, NO.163, 18TH CROSS, (OPP. POLAR BEAR), POST OFFICE ROAD, C.H.B.S. LAYOUT, VIJAYANAGARA, BANGALORE 560040 7. SRI. H. S. RAJASHEKHAR S/O. LATE SRI. SIDDALINGAIAH, AGED ABOUT 55 YEARS, 8. H.H.RAMESH S/O LATE HULIYANNA, AGED ABOUT 52 YEARS, 9. SRI. SACHIN, S/O LATE SRI. SIDDARAJU, AGED ABOUT 37 YEARS, 10. SRI.ANANDA S/O LATE GANGANNA AGED ABOUT 38 YEARS, 11. SRI. GANGADHARAIAH S/O LATE GANGANNA, AGED ABOUT 40 YEARS, 12. SRI. M. GANGADHARA S/O LATE. MARIYAPPA, AGED ABOUT 45 YEARS, 13. SRI. GIRISH S/O LATE NAGANNA AGED ABOUT 37 YEARS, 14. SRI.H.S. SHIVALINGAIAH S/O LATE SIDDALINGAIAH, 49 YEARS - 3 - HC-KAR NC: 2025:KHC:44380 WP No. 31803 of 2025 15. SRI. H.S. GANGADHARA S/O LATE DODDA MARISIDDAIAH, AGED ABOUT 58 YEARS, 16. SRI. H.S.SHIVANNA S/O LATE SIDDAIAH, AGED ABOUT 59 YEARS, 17. SRI. KRISHNAMURTHY S/O LATE SIDDAIAH, AGED ABOUT 53 YEARS, 18. SRI. SHANKARA S/O LATE SIDDAIAH, AGED ABOUT 37 YEARS, 19. SRI. H.M.RAMESH BABU S/O LATE H.S.MARIRAJU AGED ABOUT 45 YEARS 20. SRI. SIDDARAJU S/O LATE SRI. MARAIAH, AGED ABOUT 39 YEARS, 21. SRI. SANDESH S/O LATE GANGADHARAIAH, AGED ABOUT 37 YEARS, 22. SRI. UMESH S/O SMT. GOWRAMMA AGED ABOUT 35 YEARS, 23. SRI.H.K.RAJANNA S/O LATE SANNAIAH, AGED ABOUT 55 YEARS, 24. SRI. UMESH S/O LATE YOGANNA, AGED ABOUT 52 YEARS 25. SRI H K KEMPAIAH S/O LATE SRI. SANNAIAH AGED ABOUT 58 YEARS, - 4 - HC-KAR NC: 2025:KHC:44380 WP No. 31803 of 2025 26. SRI. THULASI KRISHNA S/O SMT. SIDDAMMA AGED ABOUT 41 YEARS, 27. SRI. VENU S/O SMT. GANGAMMA AGED ABOUT 41 YEARS, RESPONDENTS NO. 7 TO 27 ARE RESIDING AT HALEVOORU VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMKURU DISTRICT 572 123 …RESPONDENTS (BY SRI. ABHINAV R FOR C/R7; SRI. B. RAVINDRANATH., AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.07.2025 PASSED IN ADM7-AP/12/22-23(E-840149) PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-A, WHICH SET ASIDE THE ORDER DATED 06.07.2022 PASSED BY THE 2ND RESPONDENT IN CASE NO. DVS (3) CR-31/2021-22, COPY OF THE ORDER IS PRODUCED AS ANNEXURE - L. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for Respondents No.1 to 5. Notice to Respondents No.6 to 27 is deferred for now. 2. The Petitioner is before this Court seeking for the following reliefs: - 5 - HC-KAR NC: 2025:KHC:44380 WP No. 31803 of 2025 a) Quash the order dated 31.07.2025 passed in ADM7:AP/12/22-23(E-840149) passed by the R1 vide Annexure-A, which set aside the order dated 06.07.2022 passed by the 2nd Respondent in case No.DVS(3)CR:31/2021-22, vide Annexure-L. b) Pass such other relief as this Hon’ble Court deems fit under the circumstances of the case including awarding for costs to the petitioner. 3. What is essentially being challenged is an order of remand passed by Respondent No.1 vide Annexure-A. 4. The contention of Sri.B.V.Krishna, learned counsel for the petitioner is that in the order there are various observations made which if continued could have an impact on the order which may be passed by the Deputy Commissioner on remand. The other contention raised is as regards the impleading of private respondents other than Respondent No.7, contending that no order on impleading had been made. That aspect has been dealt with by a co- ordinate bench of this Court by its order dated 20.03.2024 in WP No.14179/2023. - 6 - HC-KAR NC: 2025:KHC:44380 WP No. 31803 of 2025 5. Be that as it may, what is challenged is only an order of remand, and on remand, all the parties would have the benefit of placing all their arguments and contentions before the Deputy Commissioner, which would have to be so considered and necessary orders passed. In that view of the matter, I pass the following: ORDER i) The Writ Petition is dismissed. ii) All contentions are kept open to be decided by Deputy Commissioner. The Deputy Commissioner shall decide the matter without being in any manner influenced by the order passed at Annexure-A, dated 06.07.2022. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 13