Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50429 WP No. 32383 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32383 OF 2024 (GM-R/C)
BETWEEN:
SRI.RAJAGOPALACHAR S/O LATE LAKSHMIPATHICHAR, AGED ABOUT 46 YEARS, ARCHAK OF SRI THIRUMALASWAMY TEMPLE, RESIDENT OF MADUGURKI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK - 562 110 BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI. NAIK N.R., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA,BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK - 562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, DODDABALLAPURA - 561 203. 4. THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI - 562 110. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50429 WP No. 32383 of 2024
5. THE COMMISSIONER DEPARTMENT OF ENDOWMENT A V ROAD, CHAMARAJPETE BENGALURU - 560 018. 6. THE CHIEF EXECUTIVE OFFICER DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 110. 7. THE PANCHAYATH DEVELOPMENT OFFICER VENKATAGIRIKOTE GRAM PANCHAYATH DEVANAHALLI TALUK,DEVANAHALLI - 562 110. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 TO R5 SRI. M.S. DEVARAJU, ADVOCATE FOR R7 R6 - SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 7 TO STOP ILLEGAL AND UNAUTHORIZED ACT OF DUGGING FOUNDATION AND PUTTING UP CONSTRUCTION IN TEMPLE PROPERTY WITHOUT AUTHORITY OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Sri. M S Devaraju, learned counsel who appears for respondent No.7, accepts notice for respondent No.6 as well. 2. Learned counsel for the petitioner is permitted to serve two sets of copy of petition along with
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HC-KAR NC: 2025:KHC:50429 WP No. 32383 of 2024
annexure on the learned counsel appearing for respondent No.6. 3. Petitioner is before this Court seeking for the following reliefs: a. "To issue writ of mandamus directing the 7th respondent to stop illegal and unauthorized act of dugging foundation and putting up construction in temple property without authority of law;
b. To issue appropriate direction to respondents 1 to 6 to protect the property of the temple at the hands of the 7th respondent;.
c. To call for records and grant such other relief/s deems fit by this Hon'ble Court, in the interest of justice."
4. The petitioner claims for the land bearing No.1 of Mudugurkey Village, Vijayapura Hobli, Devanalli Taluk, Bengaluru Rural District, Bengaluru, belongs to the temple which comes under the Muzrai Department. 5. The grievance of the petitioner is that the respondent No.7 is putting up construction of a jalajeevana tank for the purpose of supply of water to the general
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HC-KAR NC: 2025:KHC:50429 WP No. 32383 of 2024
public and the same cannot be carried out in the land belonging to the temple. 6. The petitioner himself categorically stated that the land belongs to the temple comes under Muzrai Department. The land on which the temple is situated would also belong to the Government and in the present matter, the local self-government being the Grama Panchayat, respondent No.7 is the Panchayat Development Officer of the said Grama Panchayat. 7. The local self-government for the purpose of betterment of the interests of the citizens of the residents of the Grama Panchayath has thought it fit to install a water tank for supply of water on the land belonging to temple which is a Muzrai temple. The petitioner temple cannot have any dispute and/or objection to such action inasmuch as the temple cannot claim the land to be its own when it comes under the Muzrai Department. - 5 -
HC-KAR NC: 2025:KHC:50429 WP No. 32383 of 2024
8. In that view of the matter, since no grounds being made out, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE
SSD List No.: 1 Sl No.: 55