- 1 - HC-KAR NC: 2025:KHC:30677 WP No. 23315 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23315 OF 2025 (GM-RES) BETWEEN: SRI DEVARAJA C S/O. SRI, CHIKKARANGAIAH, AGED ABOUT 45 YEARS, R/AT 6/7, 1ST FLOOR, 4TH E CROSS, NEAR HONNADEVI MEDICAL, 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. BANGALORE-560009. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30677 WP No. 23315 of 2025 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. SRI.RAHUL CARIAPPA., AGA FOR R1 TO R4; SRI. PRAKASH K.M, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED LETTER VIDE NO. ISSUED BY THE R1 DATED 20/04/2021 VIDE ANNX-E. B) QUASH THE IMPUGNED ENDORSEMENT VIDE NO. ISSUED BY THE R5 DATED 21/06/2025 VIDE ANNX-G; C) DIRECT THE R4 TO REGISTER THE DOCUMENTS PERTAINING INTO THE PETITIONERS SITE BEARING NO. 154, OF KADUKARENAHALLI (KURUBARAHALLI VILLAGE). D) DIRECT THE R5 TO ISSUE E KHATHA IN - 3 - HC-KAR NC: 2025:KHC:30677 WP No. 23315 of 2025 RESPECT OF THE PETITIONERS SITE BEARING NO. 154 OF KADUKARENAHALLI (KURABARAHALLI VILLAGE). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the Endorsement dated 20.04.2021 by the Commissioner, Hindu Religious Institutions and Charitable Endowments Department [first respondent] and the consequential individual Endorsements issued by the Panchayath Development Officer [PDO], Channenahalli Grama Panchayath [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 the Department way back in the - 4 - HC-KAR NC: 2025:KHC:30677 WP No. 23315 of 2025 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. The petitioner asserts that he has purchased sites in the different survey numbers of the aforementioned Villages, and that there are necessary permissions for diversion and approval. The petitioner relies 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. However, Mr. Vasanth Kumar H T, the learned counsel for the petitioner, and Mrs Prathima Honnapura, a learned Additional Advocate General, are heard for final disposal of the petition in the - 5 - HC-KAR NC: 2025:KHC:30677 WP No. 23315 of 2025 light of this Court's order dated 05.08.2025 in the writ petition in W.P. No. 22551/2025. The petitioner relies upon this Court’s opinion in the writ petition in W.P. No.5111/2022, which is decided on 25.08.2022 by a coordinate bench of this Court, but because the specifics of the claim have to be duly considered before the conclusion in such writ petition can be applied, this Court is of the view that this petition must be disposed of in terms of this Court’s order dated 05.08.2025 in the writ petition in W.P. No.22551/2025. This Court in this order dated 05.08.2025 has observed that whether the occupancy rights are granted and whether lands are diverted for residential purposes must be examined by the jurisdictional Special Deputy Commissioner. Hence, the following: ORDER a. The petition stands disposed of reserving liberty to the petitioner to file a - 6 - HC-KAR NC: 2025:KHC:30677 WP No. 23315 of 2025 representation with the Special Deputy Commissioner, Bengaluru District, Bengaluru enclosing a certified copy of this order and the copies of the documents relied upon by him. b. The petitioner 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 petitioner files the representation as now permitted, the Special Deputy Commissioner shall consider the representation and communicate the outcome of such consideration to the petitioner within an outer limit of eight [8] weeks from the date of receipt of the jrepresentation. 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 - 7 - HC-KAR NC: 2025:KHC:30677 WP No. 23315 of 2025 final decision in that regard and permit completion of the transaction. SD/- (B M SHYAM PRASAD) JUDGE AN/-