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2025 DAILYLAW 80585 (KAR)

SREE MADHAVARAYASWAMY TEMPLE MANAGING COMMITTEE v. THE PRINCIPAL SECRETARY

WP/7718/2022 · 2025-11-19

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47688 WP No. 7718 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.7718 OF 2022 (GM-R/C) BETWEEN: 1. SREE MADHAVARAYASWAMY TEMPLE MANAGING COMMITTEE KURUVANKA VILLAGE GOLLARAHOSAHALLI POST KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT REP. BY IT’S THE THEN PRESIDENT SRI.SHIVE GOWDA 2. SRI.SHIVE GOWDA S/O LATE PATEL NINGAPPA AGED ABOUT 76 YEARS (SENIOR CITIZEN NOT CLAIMED) 3. SRI. K.S.NAGARAJU S/O SRI.SIDDE GOWDA AGED ABOUT 57 YEARS 4. SRI.BASAVARAJE GOWDA S/O SRI.NANJE GOWDA AGED ABOUT 60 YEARS (SENIOR CITIZEN NOT CLAIMED) 5. SMT.SUJATHA W/O SRI.MANJE GOWDA AGED ABOUT 45 YEARS Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47688 WP No. 7718 of 2022 6. SRI. KUMARIAH S/O ERAIAH AGED ABOUT 45 YEARS 7. SRI.K.S.DHARMESH S/O SRI.SHIVE GOWDA AGED ABOUT 55 YEARS 8. SMT.RITHA W/O SRI.RAMAKRISHNA @ HARISH AGED ABOUT 40 YEARS PETITIONER NOS.2 TO 8 ARE THE THEN MANAGEMENT OF COMMITTEE MEMBERS OF SREE MADHAVARAYASWAMY TEMPLE AND ALSO IN THEIR INDIVIDUAL CAPACITY AS DEVOTTEES OF THE TEMPLE, WHO ARE RESIDING AT KURUVANKA VILLAGE GOLLARAHOSAHALLI POST KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 571187 9. SMT.G.ANURADHA W/O SRI.K.T.GOVINDE GOWDA AGED ABOUT 62 YEARS 10. DR.SWETHA G. GOWDA W/O SRI H.V.KIRAN KUMAR AGED ABOUT 35 YEARS PETITIONER NOS.9 AND 10 ARE RESIDING AT NO.341 16TH MAIN, M.C.LAYOUT VIJAYANAGAR BENGALURU - 560040 - 3 - HC-KAR NC: 2025:KHC:47688 WP No. 7718 of 2022 11. SRI. K.L RAJU S/O SRI. LINGE GOWDA AGED ABOUT 59 YEARS ENGINEER RESIDING AT NO.2, 2ND CROSS MANJUNATHANAGAR MAGADI MAIN ROAD BENGALURU - 560 023 …PETITIONERS (BY SRI.GIRISHA C.N., ADVOCATE FOR SRI.DILEEP C.G, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT (MUZRAI) M.S.BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS GOVERNMENT OF KARNATAKA MUZRAI DEPARTMENT CHAMARAJPET BENGALURU - 560 018 3. THE DEPUTY COMMISSIONER OFFICE OF THE HASSAN DEPUTY COMMISSIONER B.M ROAD, HASSAN TOWN HASSAN - 4 - HC-KAR NC: 2025:KHC:47688 WP No. 7718 of 2022 4. THE RAJYA DHARMIKA PARISHAT OFFICE OF THE MUZRAI COMMISSIONER CHAMARAJPET BENGALURU - 560 018 REP. BY ITS EX-OFFICIO SECRETARY 5. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION ANNEXED TO D.C.OFFICE HASSAN TOWN HASSAN - 573201 6. THE TAHSILDAR OFFICE OF THE TAHSILDAR CHANNARAYAPATNA TALUK CHANNARAYAPATNA TOWN HASSAN DISTRICT - 571187 7. SRI.PAPANNA @ NARASIMHAIAH S/O LATE NARAYANAIAH AGED ABOUT 80 YEARS 8. SRI.PUTTASWAMY S/O SRI.PAPANNA @ NARASIMAHAIAH AGED ABOUT 53 YEARS 9. SMT.THAYAMMA W/O LATE KRISHNAMURTHY MAJOR 10. KUM. MAMATHA D/O LATE KRISHNAMURTHY MAJOR 11. KUM.CHAITHRA D/O LATE KRISHNAMURTHY MAJOR - 5 - HC-KAR NC: 2025:KHC:47688 WP No. 7718 of 2022 12. SRI.NARAYANASWAMY S/O LATE NARASIMHAIAH AGED ABOUT 48 YEARS 13. SMT.LOLAKSHAMMA D/O ATE NARASIMAHAIAH W/O SRI. NARASIMHAIAH AGED ABOUT 52 YEARS RESPONDENT NOS.7 TO 13 ARE RESIDING AT KURUVANKA VILLAGE KASABA HOBLI GOLLARAHOSAHALLIL POST CHANNARAYAPATNA TALUK HASSAN DISTRICT - 571187 …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AGA FOR R.1 TO R.6) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN APPEAL NO.16/2010 FILED BEFORE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU AND TO ISSUE A WRIT OF CERTIORARI OR DIRECTION OR ORDER OR ANY OTHER WRIT TO QUASH OR SET-ASIDE THE ORDER DTD 30.07.2020 UNDER ANNEXURE-A PASSED DISMISSING THE APPEAL WITHOUT CONDONING THE DELAY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:47688 WP No. 7718 of 2022 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned Additional Government Advocate accepts notice for respondent Nos.1 to 6. 2. In this petition, the petitioners are assailing the order dated 05.05.1976 in case No.A6/2 CRP-593/71-72 (Annexure-B) passed by respondent No.3 with a direction to the respondent-Authorities to restore the occupancy rights of Sree.Madhavarayaswamy Temple Deity Lands. 3. On careful consideration of the averments made in the writ petition, it would indicate that petitioners have approached this Court after 36 years, wherein sufficient cause has not been shown to condone the delay of more than three decades and in that view of the matter, following the declaration of law made by the Hon'ble Supreme Court in the case of STATE OF ORISSA AND ANOTHER VS. MAMATA MOHANTY reported in (2011)3 SCC 436, I am of the view that, the writ petition - 7 - HC-KAR NC: 2025:KHC:47688 WP No. 7718 of 2022 requires to be dismissed on the ground of delay and laches as the sufficient cause has not been made to condone the delay of more than three decades. With these above observations, the writ petition is dismissed. Pending applications, if any, stand disposed off. Sd/- (E.S.INDIRESH) JUDGE NBM List No.: 1 Sl No.: 21