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2026 DAILYLAW 2355 (KAR)

SRI THYAGARAJ v. DEPUTY COMMISSIONER

WA/666/2025 · 2026-04-01

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17780-DB WA No. 666 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 666 OF 2025 (LR) BETWEEN: SRI. THYAGARAJ, S/O. LATE AVULAPPA, AGED ABOUT 50 YEARS, OPP. RAILWAY STATION, RESIDENT AT WARD NO.30, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT - 563 125. …APPELLANT (BY SRI. NARAYAN RAO, ADVOCATE FOR SRI. RAJESWARA.P.N., ADVOCATE) AND: 1. DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT - 563 125. 2. THE ASSISTANT COMMISSIONER, AND PRESIDENT, LAND TRIBUNAL, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT - 563 125. 3. THE ENDOWMENT OFFICERS AND THE TAHSILDAR, CHINTAMANI TALUK, CHINTAMANI, CHIKKABALLAPUR DISTRICT - 563 125. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17780-DB WA No. 666 of 2025 4. N. RAMACHANDRA, S/O GIDDANAGARI NARAYANAPPA, AGED ABOUT 60 YEARS, 5. N. SRINIVAS, S/O LATE GIDDANAGARI NARAYANAPPA, AGED ABOUT 55 YEARS, RESPONDNET NO. 4 AND 5 ARE RESIDING AT AGRAHARA VILLAGE, CHINTAMANI TOWN, CHIKKABALLAPUR DISTRICT - 563 125. 6. SMT. RAJAMMA, W/O. YALAHANKA NAGAPPA, AGED 62 YEARS, 7. SRI. GANGADHARA, S/O. LATE YALAHANKA NAGAPPA, AGED 43 YEARS, 8. SRI. MUNIRAJA, S/O. YALAHANKA NAGAPPA, AGED 36 YEARS, 9. SRI. VENKATESH, S/O. YELAHANKA NAGAPPA, AGED 30 YEARS, 10. SRI. SEENAPPA, S/O. JADIYATI NARAYANAPPA, AGED 65 YEARS, RESPONDENT 6 TO 10 R/A. CHOWDESHWARI COLONY, CHINTAMANI TOWN, CHIKKABALLPUR DISTRICT - 563 125. - 3 - HC-KAR NC: 2026:KHC:17780-DB WA No. 666 of 2025 11. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENT, MULTISTORIED BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 TO R3 AND R11) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THAT ORDER DATED:14.03.2025 PASSED IN WP No.31783/2024 (LR) BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal is filed impugning the order dated 14.03.2025 passed by the writ Court in W.P.No.31783/2024. - 4 - HC-KAR NC: 2026:KHC:17780-DB WA No. 666 of 2025 2. The petitioner who claims to be the devotee of Chowdeshwari temple, Nekkundi Village, Kasaba Hobli, Chintamani Taluk, Chikkaballapur District, has laid challenge to the order 22.09.2023 passed by respondent No.1 (Annexure-A) and for a mandamus directing respondent No.1 to consider the representation dated 26.06.2023. 3. The main ground urged in the writ petition was that the respondent Nos.4 and 5 claiming their rights by means of created documents such as order dated 19.08.1982, passed by the Land Tribunal conferring the occupancy rights in favour of respondent Nos.4 and 5. It appears that respondent Nos.4 and 5 have also filed civil proceedings and they ultimately succeeded in RSA.No.237/2013 before this Court. 4. The learned Single Judge has observed that the Deputy Commissioner has recorded the evidence that - 5 - HC-KAR NC: 2026:KHC:17780-DB WA No. 666 of 2025 respondent Nos.4 and 5 were the beneficiaries of order passed by the Land Tribunal dated 19.08.1982. 5. The Deputy Commissioner has rejected the plea of the petitioner for revision inasmuch as the petitioner had approached the Deputy Commissioner after 22 long years from the date of the order i.e., 19.08.1982, conferring occupancy rights in favour of respondent Nos.4 and 5. 6. The learned Single Judge has noted all these facts and dismissed the writ petition. We see no reason to interfere in this writ appeal and therefore, the same is dismissed without cost. If petitioner's right to perform pooja etc., is infringed, in any manner, the petitioner may take appropriate proceedings before the competent Court/Forum. - 6 - HC-KAR NC: 2026:KHC:17780-DB WA No. 666 of 2025 In view of the dismissal of the appeal, pending I.A., if any, does not survive for consideration and the same is disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 3 ct-vn