- 1 - HC-KAR NC: 2026:KHC:28406 WP No. 49329 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.49329 OF 2016 (LR) BETWEEN: 1. MR. PUSHPARAJ HEGDE S/O SRI VRASHABHARAJ HEGDE AGED ABOUT 34 YEARS, MANAGING TRUSTEE, SHREE VARDHAMAN SWAMI JINALAYA TRUST,MARNAD,POST, MOODUMARNAD-574 213 MANGALURU TALUK, DAKSHINA KANNADA. ….PETITIONER (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU -560 001. 2. THE CHAIRMAN LAND TRIBUNAL, KARKALA, KARKALA TALUK-574 104, UDUPI DISTRICT. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28406 WP No. 49329 of 2016 3. SMT.PREMA W/O LATE VEERSENA INDRA, AGED ABOUT 72 YEARS, VARDHAMAN SWAMI BASADI, MARNAD, POST :MOODUMARNAD VILLAGE-574 213 MANGALURU TALUK, DAKSHINA KANNADA. …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA FOR R1 AND R2; R3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 09.04.1981 PASSED IN TRL.NO.1891/1980-81 IN RESPECT OF THE SCHEDULE PROPERTIES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. Chandranath Ariga K., learned counsel appearing for the petitioner and Sri. B.J.Eswarappa, learned Additional Government Advocate appearing for the respondent-State. - 3 - HC-KAR NC: 2026:KHC:28406 WP No. 49329 of 2016 2. In this writ petition, the petitioner is assailing the order dated 09.04.1981 in TRL No.1891/1980-81 (Annexure–A) passed by Respondent No. 2. 3. Sri. Chandrakanth Ariga K., learned counsel appearing for the petitioner, by referring to the impugned order at Annexure–A and the arbitration award passed in RIA No. 2756/1953 (Annexure–C), contended that the subject land bearing Sy. No. 26/6, measuring 88 cents, belongs to Vardhamana Swamy Temple. It was further contended that the impugned order was passed without hearing the petitioner, who is managing the affairs and properties of the said temple. Accordingly, interference by this Court was sought. 4. Per contra, Sri. B.J. Eswarappa, learned Additional Government Advocate appearing for the - 4 - HC-KAR NC: 2026:KHC:28406 WP No. 49329 of 2016 respondent-State sought to justify the impugned order passed by respondent No.2. 5. In light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the land bearing Sy. No. 26/6, measuring 88 cents, situated at Moodumarnadu Village, was the subject matter of proceedings before the Land Tribunal. An application was filed by the Archaka of the Temple seeking occupancy rights in respect of the said land. The Land Tribunal, without issuing notice to the petitioner, passed the impugned order conferring occupancy rights upon the applicant, namely Veerasena Indira, the husband of Respondent No. 3. 6. Since the impugned order was passed without affording an opportunity of hearing to the petitioner, and further, as the applicant claimed to be the Archaka of the temple in question, the Land - 5 - HC-KAR NC: 2026:KHC:28406 WP No. 49329 of 2016 Tribunal ought to have considered the award passed in RIA No. 2756/1953 (Annexure–C) before passing the order at Annexure–A. The Tribunal failed to do so. Therefore, this Court finds infirmity in the order passed by the Land Tribunal, and the matter requires fresh consideration. Accordingly, the following order is passed: ORDER 1. The writ petition is allowed. 2. The order dated 09.04.1981 passed in TRL No. 1891/1980-81 (Annexure–A) passed by the respondent-Land Tribunal , is hereby quashed. 3. The matter is remitted to the Land Tribunal, Karkala, D.K. District, for fresh consideration of the issue relating to land bearing Sy. No.26/6, measuring 88 cents, situated at Moodumarnadu Village. - 6 - HC-KAR NC: 2026:KHC:28406 WP No. 49329 of 2016 4. The Tribunal shall reconsider the matter after affording a reasonable opportunity of hearing to all concerned parties and shall pass appropriate orders in accordance with law. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 59