- 1 - HC-KAR NC: 2025:KHC-D:10393 WP No. 105675 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105675 OF 2025 (GM-CPC) BETWEEN: SRI. WARI MALLAYYA DEVASTHAN ZEERNODHAR COMMITTEE, TOLAMATTI, REPRESENTED BY ITS CHARIMAN, SHRI MALLAPPA APPANNA BHAVI, AGE: 82 YEARS, OCC. AGRICULTURE, R/O. TOLAMATTI, TALUK. BILAGI-587101. …PETITIONER (BY SRI. HIREMATH MALLIKARJUNASWAMY BASAYYA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY DEPUTY COMMISSIONER, BAGALKOT 587101. 2. THE ASSISTANT CHARGITABLE AND ENDOWMENT COMMISSIONER, BAGALKOT-587101. 3. THE ASSISTANT COMMISSIONER, JAMAKHANDI, DIST. BAGALKOT. 4. THE TAHSILDAR BILAGI, DIST. BAGALKOT-587116. 5. THE DEPUTY TAHASILDAR ANAGAWADI, TALUK BILAGI, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10393 WP No. 105675 of 2025 DIST. BAGALKOT-587116. 6. THE VILLAGE ACCOUNTANT TOLAMATTI, TALUK BILAGI-587116, DIST. BAGALKOT. 7. RANGE FOREST OFFICER, BILAGI, DIST. BAGALKOT-587116 8. YANKANAGOUDA SHANKRAPPA CHENNAPPANNAVAR AGE: 75 YEARS, OCC. AGRICULTURE, R/O. TUMMARAMATTI, TALUK BILAGI, DIST. BAGALKOT-587116. 9. BASANAGOUDA S/O NINGANAGOUDA CHENNAPPANAVAR AGE: 72 YEARS, OCC. AGRICULTURE, R/O. TUMMARAMATTI, TALUK BILAGI, DIST. BAGALKOT-587116. 10.IRANNA S/O MALLAPPA SUNAG AGE: 69 YEARS, OCC. AGRICULTURE, R/O. TUMMARAMATTI, TALUK BILAGI, DIST. BAGALKOT-587116 11 DEVARAJ GOVINDARAJ NAIK AGE: 67 YEARS, OCC. AGRICULTURE, R/O. TUMMARAMATTI, TALUK BILAGI, DIST. BAGALKOT-587116 12. SHIVANAGOUDA BASANAGOUDA PATIL AGE: 77 YEARS, OCC. AGRICULTURE, R/O. TUMMARAMATTI, TALUK BILAGI, DIST. BAGALKOT-587116. 13. ASHOKA S/O MALLAPPA JALAGERI AGE: 47 YEARS, OCC. AGRICULTURE, R/O. TUMMARAMATTI, TALUK BILAGI, DIST. BAGALKOT-587116 …RESPONDENTS (BY SRI. SHIVARAJ S BALLOLI, ADVOCATE FOR R12/CAVEATR; SRI. RAMESH CHIGARI, AGA FOR R1 TO R7; NOTICE TO R8 TO R11 AND R13 IS DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC-D:10393 WP No. 105675 of 2025 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED. 24-07-2025 PASSED BY 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT IN O S NO. 34/2008 WHICH IS PRODUCED AT ANNEXURE-H AND CONSEQUENTLY ALLOW IA NO. 13.B. ISSUE SUCH OTHER WRIT, ORDER OR DIRECTION AS THIS HON BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 7. 2. Notice to respondent Nos.8 to 11 and 13 is dispensed with. 3. The petitioner is before this Court seeking for the following reliefs: A. Issue writ of certiorari quashing the impugned order dated. 24-07-2025 passed by 5th Additional District and Sessions Judge, Bagalkot in O.S.No. 34/2008 which is produced at Annexure-H and consequently allow IA No. 13. b. Issue such other writ, order or direction as this Hon’ble Court deems fit in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:10393 WP No. 105675 of 2025 4. After arguing for sometime learned counsel for the petitioner while categorically stating that the petitioner does not intend to claim ownership of the temple in question, seeks liberty to file a fresh application, which is properly worded, for fresh consideration by the Trial Court. 5. Placing his submission on record, reserving liberty to file a fresh application for amendment, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa List No.: 1 Sl No.: 96