- 1 - HC-KAR NC: 2025:KHC-D:18001 WP No. 109561 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109561 OF 2025 (LB-RES) BETWEEN: 1. SHRI JAYALINGAPPA, S/O. BASAVARAJ HALAKOPPA, AGE: 63 YEARS, OCC: AGRICULTURE AND PRESIDENT SHRI KUMARESHWAR VEERAKTA MATH JEERNODDHAR SARVAJANIK SEVA TRUST, BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. 2. SHRI BASAVARAJ, S/O. NISSIMAPPA KAMADOLLI, AGE: 59 YEARS, OCC: AGRICULTURE AND TRUSTEE OF SHRI KUMARESHWAR VEERAKTA MATH, JEERNODDHAR SARVAJANIK SEVA TRUST, BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. 3. SHRI MOUNESH, S/O. FAKIRGOUDA MELLAGATTI AGE: 59 YEARS, OCC: AGRICULTURE AND TRUSTEE OF SHRI KUMARESHWAR VEERAKTA MATH JEERNODDHAR SARVAJANIK SEVA TRUST, BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. 4. SHRI NAGANAGOUDA S/O. GURUNAGOUDAR HOSAGOUDRA, AGE: 55 YEARS, OCC: AGRICULTURE AND TRUSTEE OF SHRI KUMARESHWAR VEERAKTA MATH JEERNODDHAR SARVAJANIK SEVA TRUST, BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:18001 WP No. 109561 of 2025 5. SHRI GADIGEPPA, S/O. SHIVARAYAPPA KAMADOLLI, AGE: 55 YEARS, OCC: AGRICULTURE AND TRUSTEE OF SHRI KUMARESHWAR VEERAKTA MATH JEERNODDHAR SARVAJANIK SEVA TRUST, BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. 6. SHRI AMIT, S/O. MAHANTESH NILOGAL, AGE: 34 YEARS, OCC: AGRICULTURE AND TRUSTEE OF SHRI KUMARESHWAR VEERAKTA MATH, JEERNODDHAR SARVAJANIK SEVA TRUST, BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. 7. SHRI NISSIMAPPA, S/O. BASAVARAJAPPA KAMADOLLI, AGE: 59 YEARS, OCC: AGRICULTURE AND TRUSTEE OF SHRI KUMARESHWAR VEERAKTA MATH, JEERNODDHAR SARVAJANIK SEVA TRUST,BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. 8. SHRI SHIVAPPA, S/O. SIDRAMAPPA SHIGGANVI, AGE: 55 YEARS, OCC: AGRICULTURE AND TRUSTEE OF SHRI KUMARESHWAR VEERAKTA MATH, JEERNODDHAR SARVAJANIK SEVA TRUST, BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. 9. SHRI PARASAPPA, S/O. BASAVANNEPPA PUJAR @ MAHUR, AGE: 53 YEARS, OCC: AGRICULTURE AND TRUSTEE OF SHRI KUMARESHWAR VEERAKTA MATH, JEERNODDHAR SARVAJANIK SEVA TRUST, BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. - 3 - HC-KAR NC: 2025:KHC-D:18001 WP No. 109561 of 2025 10. SHRI NISSIMGOUDA, S/O. SHANKARAGOUDA PATIL, AGE: 47 YEARS, OCC: AGRICULTURE AND TRUSTEE OF SHRI KUMARESHWAR VEERAKTA MATH, JEERNODDHAR SARVAJANIK SEVA TRUST, BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. …PETITIONERS (BY SRI. A.S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, TO THE DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, HAVERI DISTRICT, DEVAGIRI, HAVERI-581110, TQ/DIST: HAVERI. 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, HAVERI-581110, TQ/DIST: HAVERI. 4. THE EXECUTIVE OFFICER, TALUKA PANCHAYAT, HANGAL-581104, TQ: HANGAL, DIST: HAVERI. 5. THE PANCHAYAT DEVELOPMENT OFFICE, BALAGALPETH GRAM PANCHAYAT, BALAGALPETH, TQ: HANGAL, DIST: HAVERI. - 4 - HC-KAR NC: 2025:KHC-D:18001 WP No. 109561 of 2025 6. SHRI GURU. MA. NI. PRA KUMAR SWAMIGALU, AGE: 67 YEARS, VEERAKTA MATH HANGAL, HANGAL-581104, TQ: HANGAL, DIST: HAVERI. 7. SHRI GANGADHAR S/O. CHANNABASAPPA HUGGISHETTAR, AGE: 69 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O. BELAGALPETH-581199, TQ: HANGAL, DIST: HAVERI. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 & R2) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED RESOLUTION DATED 28/10/25 PASSED BY THE RESPONDENT NO.5, IN SO FAR AS IT RESOLVES TO RESTORE THE NAME OF THE RESPONDENT NO.7 IN RESPECT OF VPC NOS. 6, 6/1, 7, 8, 9, 10 AND 11 SITUATED AT BELAGALAPETH PERTAINING TO THE PROPERTIES BELONGING TO SHRI KUMARESHWAR VEERAKTAMATH, AS BEING ARBITRARY, ILLEGAL, WITHOUT JURISDICTION AS PER ANNEXURE-N; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.5 TO RECONSIDER THE MATTER AFRESH IN THE LIGHT OF THE DETAILED OBJECTIONS SUBMITTED BY THE PETITIONERS, THE GENERAL PUBLIC AND GRAM PANCHAYAT MEMBERS AND ALL OTHER INTERESTED PERSONS, BY DULY NOTIFYING ALL CONCERNED, AFFORDING A FULL AND MEANINGFUL OPPORTUNITY OF HEARING, AND THEREAFTER PASSING A REASONED ORDER STRICTLY IN ACCORDANCE WITH LAW. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:18001 WP No. 109561 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned Government Advocate accepts notice on behalf of respondent Nos.1 and 2. 2. This petition is filed assailing the order passed by the Grama Panchayat, which ordered to enter the name of respondent No.7, who according to the petitioners was a lessee in respect of the petition properties for 51 years, and it is submitted that the tenure of 51 years came to an end in the year 2007. 3. It is submitted that, respondent No.6, the pontiff of the mutt, moved an application to delete the name of respondent No.7 from the property records on the premise that the lease has come to an end. The name was ordered to be deleted. This order was called in question by the lessee, respondent No.7. This Court in terms of the order passed in W.P.No.100400/2024 vide order dated 26.06.2025, allowed the writ petition and - 6 - HC-KAR NC: 2025:KHC-D:18001 WP No. 109561 of 2025 remanded the matter to Grama Panchayath to consider the case afresh. 4. In terms of the impugned order, Grama Panchayath has restored the name of respondent No.7, the lessee. 5. This petition is filed by the trustees of respondent No.6 mutt on the premise that the name of respondent No.7 could not have been entered in the property records after the expiry of the lease period. It is further submitted that suits are filed for removal of respondent No.6 as a pontiff of the mutt, and suits are pending for specific performance of contract based on the alleged agreements said to have been executed by respondent No.6 against respondent No. 7. 6. This Court is of the view that the entry made in the property records based on the impugned resolution passed by the Panchayat will not have any bearing on the suit which is pending before the competent court. - 7 - HC-KAR NC: 2025:KHC-D:18001 WP No. 109561 of 2025 7. The competent court which is trying the suit has to decide the suit on its merits without being influenced by any of the observations made in the resolution which is impugned in the present petition. 8. It is also made clear that, merely because the writ petition is dismissed, it cannot be construed that the Court has recognised the right of respondent No.7 as lessee in respect of the property beyond 2007. Whether lessee has any right over the property beyond 2007 or not is a matter to be examined and decided in an appropriate proceeding, if initiated. 9. The entry in the record of rights pursuant to the impugned resolution shall not have any effect on the merits of the suits which are pending or which may be filed eventually. 10. With these observations, writ petition is disposed of. - 8 - HC-KAR NC: 2025:KHC-D:18001 WP No. 109561 of 2025 11. Since the observations are made without notice to respondent Nos.6 and 7, liberty is reserved to respondent Nos.6 and 7 to move this Court for modification and clarification of this order in case they are aggrieved. Sd/- (ANANT RAMANATH HEGDE) JUDGE gab/CT-MCK List No.: 1 Sl No.: 29