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2025 DAILYLAW 76249 (KAR)

SRI. SIDDAPPA v. THE STATE OF KARNATAKA

WP/32334/2025 · 2025-11-19

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47700 WP No. 32334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32334 OF 2025 (GM-R/C) BETWEEN: 1. SRI. SIDDAPPA S/O LATE CHIKKA KEMPAIAH AGE 60 YEARS 2. SRI. RAJANNA S/O LATE CHIKKA KEMPAIAHA AGE 60 YEARS 3. SRI. CHANDRAIAH S/O LATE CHIKKA KEMPAIAH AGE 45 YEARS 4. SRI. KARIYANNA S/O LATE CHIKKA KEMPAIAH AGE 53 YEARS 5. SRI. BASAVARAJU S/O LATE PATHAIAH AGE 50 YEARS 6. SRI. VISHWANATH S/O LATE PATHAIAH AGE 35 YEARS ALL ARE RESIDING AT THIPPURU VILLAGE, KASABA HOBLI GUBBI TALUK, TUMKUR DIST. - 562 216. …PETITIONERS (BY SRI. M.B. CHANDRA CHOODA, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47700 WP No. 32334 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT RELIGIOUS AND CHARITABLE ENDOWMENTS M S BUILDING, BANGALROE-560 001. REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS CHAMARAJPET, BANGALORE-560 001. 3. THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION TUMKUR DIST. - 572 101. 4. THE TASHILDAR GUBBI TALUK, GUBBI TUMKUR DISTRICT-572 106. 5. SRI. CHANDRAIAH S/O LATE KEMPANANJAIAH AGE 64 YEARS 6. SMT. LAKSHMIDEVAMMA W/O LATE DODDA KEMPAIAH AGE 80 YEARS R5 AND R6 ARE R/AT THIPPURU VILLAGE KASABA HOBLI, GUBBI TALUK TUMKUR DIST. - 572 216. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 TO R4; SRI. R. RAKESH KUMAR, ADVOCATE FOR R5 AND R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED - 3 - HC-KAR NC: 2025:KHC:47700 WP No. 32334 of 2025 22/09/2025 PERMITTING THE PETITIONERS TO CONTINUE TO PERFORM THE POOJA OF UDASALAMMA DEVI TEMPLE, (KODAMMA) TIPPUR VILLAGE, GUBBI TALUK, KASABA HOBLI, TUMKUR DISTRICT ON ROTATION BASIS VIDE ANNEXURE-H AND AS PER THE DIRECTIONS ISSUED BY THIS HON'BLE COURT DATED 13/7/2009 IN W.A.NO.1296/2009 AND THE ORDER DATED 28/02/2019 MADE IN WP 52887-52888/2017 C/W. W.P. NO.41167/2011 UNDER ANNEXURE-F AND G AND THE ORDER PASSED BY THE ASSISTANT COMMISSIONER, TUMKUR SUB DIVISION, TUMKUR, DATED 17/04/1999 IN CASE NO. DVS/CR/182/95-96 UNDER ANNEXURE-A, FOLLOWED BY THE ORDER DATED 17/3/2009 IN NO.DVS/CR/17/2008-09 PASSED BY THE TAHSILDAR, GUBBI TALUK, GUBBI UNDER ANNEXURE-C AND THE ORDER DATED 10/01/2020 PASSED BY THE TAHSILDAR IN NO.DVS/CR/114/2019-20 VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: "WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court may be pleased to: a) Issue writ in the nature of mandamus directing the respondent No.4 to consider the representation of the petitioners dtd 24/9/2025 permitting the petitioners to continue to perform the pooja of - 4 - HC-KAR NC: 2025:KHC:47700 WP No. 32334 of 2025 Udasalamma Devi Temple, (Kodamma) Tippur Village, Gubbi Taluk, Kasaba Hobli, Tumkur District on rotation basis vide Annexure H and as per the directions issued by this Hon'ble Court dtd.13/7/2009 in W.A.No.1296/2009 and in the order 52887-WP dtd.28/2/2019 made 52888/2017 C/w. W.P. No.41167/2011 under Annexure F and G and the order passed by the Assistant Commissioner, Tumkur Sub Division, Tumkur, dtd.17/4/1999 in case No.DVS/CR/182/95-96 under Annexure-A, followed by the order dtd.17/3/2009 in No.DVS/CR/17/2008-09 passed by the Tahsildar, Gubbi Taluk Gubbi under Annexure-C and the order dtd. 10/1/2020 passed by the Tahsildar in No.DVS/CR/114/2019-20 vide Annexure-D. b) Issue such other order or direction as may be deemed fit to grant in the circumstances of the case". 2. The grievance of the petitioners is that the petitioners' representation seeking for allocation of the time period for performing pooja at the Udasalamma Devi Temple (Kodamma), Thippur Village, Kasaba Hobli, Tumkakuru District, Tumakuru, on rotation basis has not been considered and the specific time period has not been allocated to the petitioners. 3. There being six (6) branches and sub-branches of the family who are required to perform pooja - 5 - HC-KAR NC: 2025:KHC:47700 WP No. 32334 of 2025 is not in dispute. It will, therefore, be required for the respondent No. 4 to consider the claims of each of the family members and pass necessary orders, fixing the time period by specifying the dates as per the calendar, so that all the disputes between the parties could be resolved. 4. In that view of the matter, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) A mandamus is issued directing respondent No.4 to consider the representation of the petitioners dated 24.09.2025 and while considering the said representation, permit any other claimant to submit their claims along with the supporting documents, provide an opportunity to all concerned and pass a - 6 - HC-KAR NC: 2025:KHC:47700 WP No. 32334 of 2025 reasoned order in respect thereto within a period of 30 days from the date of receipt of a copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE tsn* List No.: 1 Sl No.: 46