- 1 - HC-KAR NC: 2025:KHC-D:9379 WP No. 101665 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101665 OF 2024 (GM-CPC) BETWEEN: SREE GOKARNESHWARA TEMPLE REJUVENATION LOCAL COMMITTEE, HARAPANAHALLI – 583 131, VIJAYANAGARA DISTRICT, REPRESENTED BY ITS MANAGER, SRI. D.VENKANAGOUDA. …PETITIONER (BY SRI. D. VENKANAGOUDA, PARTY – IN - PERSON) AND: 1. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED, (KARNATAKA LAND ARMY CORPORATION), HARIHARA SUB-DIVISION, HARIHARA, DAVANAGERE DISTRICT. 2. THE EXECUTIVE ENGINEER, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED, (KARNATAKA LAND ARMY CORPORATION) DAVANAGERE, DAVANAGERE DISTRICT. 3. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE. 4. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT, HARAPANAHALLI SUB-DIVISION, VIJAYANAGARA DISTRICT – 583 131. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9379 WP No. 101665 of 2024 5. THE TAHSILDAR, HARAPANAHALLI – 583 131, VIJAYANAGARA DISTRICT. 6. SRI. M. RAJASHEKARAPPA S/O. MAHALINGAPPA, AGE: MAJOR, OCC- POLITICIAN, RESIDING OF KASHI SANGAMESHWAR LAYOUT, HADAGALI ROAD, HAPANAHALLI – 583 131, VIJAYANAGAR DISTRICT. 7. THE EXECUTIVE OFFICER, GROOP OF TEMPLES, TALUK OFFICE, HARAPANAHALLI – 583 131, VIJAYANAGARA DISTRICT. 8. SRI. S. JATHAYYA, AGE: MAJOR, OCC: GROUD LEADER OF HARAPANAHALLI LAND ARMY CORPORATION, HARAPANAHALLI – 583 131, VIJAYANAGAR DISTRICT. …RESPONDENTS (BY SRI. RAJASHEKAR BURJI, ADVOCATE FOR R1 & R2; SRI. RAMESH B. CHIGARI, AGA FOR R3, R4, R5 & R7; NOTICE TO R6 IS DISPESED WITH V/O DATED: 30.07.2025) --- THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE PASS AN ORDER, DIRECTING THE COURT OF THE CIVIL JUDGE, HARAPANAHALLI IN O.S. NO. 38/21 TO ISSUE SUMMONS/NOTICES TO THE RESPONDENTS AT THE EARLIEST SO AS TO AVOID THE DELAY BEING CAUSED AS SEEN AT ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9379 WP No. 101665 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. Pass an order directing the Court of the Civil Judge, Harapanahalli in O.S. No. 38/21 to issue summons/notices to the respondents at the earliest so as to avoid the delay being caused as seen at Annexure-A; B. Pass such other order or relief in favour of this petitioner and against the respondents as this Hon’ble Court may deem fit, in the interest of justice and equity. 2. The petitioner had filed a suit in O.S. No. 38 of 2021 seeking the following reliefs: i. ! "# $% & ' ( )*+ , -,./ / ! 0%1/ 2 ( )*+ ,3 4)3 5#6 ! )7)89: 8#(9;0<*( = ii. & ' ( )*+ , -,./ > ! "# $% ? !- (,./ 9 4@> +A B< ?8/(+)?C D!%1/ EF*@( 4#G4 H E -I. J,K D @ L EF M4( D D @N O/O=")@G !)?C)PQ(/#0<*(;(9= iii. ,@+ R&2 / & / 5 S ( )*+ , 8 E TC# : :D - 0 )* !, ,@+ UE1/ ,@+ )/O40#0<*;(9= - 4 - HC-KAR NC: 2025:KHC-D:9379 WP No. 101665 of 2024 iv. )*@ /% %V+ ,@+ ) O4)*+ ,@K ?40<*;(9= JWQ3 X( )*YE = 3. The said suit was posted for hearing on maintainability. After the matter was heard on that aspect, it was posted for orders on 03.08.2022. From 03.08.2022, there have been 14 adjournments till 18.12.2023 for orders on maintainability. 4. The submission of the petitioner party-in-person and learned AGA is that the orders are still not passed on maintainability. It is rather shocking that, from the year 2022, for more than 3 years, that is from 03.08.2022 till now, order on maintainability has not been passed. Hence, I pass the following: ORDER i. Writ petition is disposed of. ii. The Civil Judge and JMFC, Harapanahalli, is directed to pass necessary orders on maintainability within 30 days from the date of - 5 - HC-KAR NC: 2025:KHC-D:9379 WP No. 101665 of 2024 receipt of a copy of this order and take steps to issue summons to the defendants therein, considering that ex-facie allegations have been made by the temple that the temple land has been used unauthorisedly, the suit is ex-facie maintainable. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 9