- 1 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28370 OF 2024 (GM-MM_S) BETWEEN: 1. K.A. RAVI CHENGAPPA AGED ABOUT 64 YEARS, S/O K.N. AIYAMMA THE PRESIDENT OF CAUVERY SENE (R) SHANTHA COMPLEX, TEMPLE ROAD, MADIKERI - 571 201. KODAGU DISTRICT. 2. SRI MALAVANDA G. POONACHA AGED ABOUT 66 YEARS, S/O LATE GANAPATHY, BERALINADU THAKKA, RESIDENT OF V. BADAGA VILLAGE, KUTTANDI POST, VIRAJPET TALUK, KODAGU DISTRICT. …PETITIONERS (BY SRI. K.S. BHEEMAIAH, ADVOCATE) AND: 1. THE CHIEF SECRETARY TO THE GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 2. THE PRINCIPAL SECRETARY-REVENUE GOVT. OF KARNATAKA, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560001. 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560001. 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, OFFICE OF DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI - 571201. 5. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, KODAGU, MADIKERI - 571 201. 6. THE ASSISTANT COMMISSIONER MADIKERI SUB-DIVISION, MADIKERI, KODAGU DISTRICT - 571201. 7. THE TAHSILDAR KUSHALNAGAR TALUK, KODAGU DISTRICT - 571234. 8. SRI N. SHANTHAPPAN S/O LATE M.S. NARAYAN CHETTIYAR, MAJOR, PROPRIETOR OF SHANTHIGIRI ESTATE, SUNTTICOPPA VILLAGE, KUSHALNAGAR TALUK, KODAGU DISTRICT - 571234. 9. SRI N. SUBRAMANYAN S/O LATE M.S. NARAYAN CHTTIYAR, MAJOR, RESIDENT OF SUNTTICOPPA VILLAGE, KUSHALNAGAR TALUK, KODAGU DISTRICT - 571234. - 3 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 10. SRI N. ANNAMALEYEE NARAYAN RAMASWAMY S/O LATE N. RAMASWAMY, MAJOR, 11. SRI SUNDARAM RAMASWAMY S/O LATE N. RAMASWAMY, MAJOR, 12. SMT. ANNAPOORNI RAMASWAMY D/O LATE RAMASWAMY, MAJOR, RESIDENT OF SUNTTICOPPA VILLAGE, KUSHALNAGAR TALUK, KODAGU DISTRICT - 571234. 13. SRI SUNDARAM RAMASWAMY FATHERS NAME NOT KNOWN, MAJOR, RESIDING AT NO.34, R.T. NAGAR, P & T COLONY, BANGALORE - 560032. (R-13 IS DELETED VIDE COURT ORDER DATED 13.06.2025) …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 7; SRI ABHIJIT HARANAHALLI, ADVOCATE FOR R-8 TO R-12; V/O. DATED 13.06.2025, R-13 IS DELETED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE MEMORANDUM/ORDER DATED 05.03.2022, PASSED BY THE DEPUTY COMMISSIONER-THE RESPONDENT NO.5, VIDE ORDER NO.299731, DATED 05.03.2022, THEREBY GRANTED PERMISSION FOR CONVERSION OF 10 ACRES OF LAND FROM AGRICULTURAL TO INDUSTRIAL-STONE MINING ACTIVITIES IN THE NAME OF RESPONDENTS NOS.8 TO 12, IN THE LANDED PROPERTY BEARING SY.NO.54, OF KANBAIL-BYCHANAHALI VILLAGE, SUNTTRICOPPA HOBLI, KUSHALNAGAR TALUK, KODAGU DISTRICT, WHICH IS ORIGINALLY BELONGS TO NANDIPURA- BASAVESHWARA TEMPLE OF THAT VILLAGE, WHICH IS AT ANNEXURE-H AND ETC. - 4 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MRS. JUSTICE K.S. HEMALEKHA) 1. The petition is a public interest litigation filed by the Cauvery Sene (R), represented by its president, along with another public spiritual individual, inter alia seeking to quash the conversion order dated 05.03.2022, issued by the respondent No.5-Deputy Commissioner, permitting industrial stone mining activities. The petitioners also seek a direction to the authorities to produce all the revenue records and conduct an enquiry into the original ownership of Sy.No.54 of Kanbail Bychanahalli Village, Suntticoppa Hobli, Kushalnagara Taluk, Kodugu District [schedule land]. A further direction is sought to stop all the quarrying and mining activities being carried out in the schedule land. 2. According to the petitioners, the schedule land originally belonged to Nandipurada Basaweshwara Temple, as evidenced by the Jamabandi records of 1928-33. That the deity is the lawful - 5 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 owner of the temple property, and therefore, the private parties could not have acquired title over the land. It is stated that the present entries in favour of respondent Nos.8 to 12 are alleged to be fraudulent and unsupported by any valid title documents. Further that the conversion order dated 05.03.2022, permitting use of land for industrial stone mining was granted without verifying the validity of the documents and ownership of the schedule land. 3. The respondents' contention is that the schedule land is a privately owned estate land, acquired under registered title deeds since 1974, the petitioners have wrongfully construed the descriptive Jamabandi entry in column No.5 of the Jamabandi as proof of temple ownership, whereas, the ownership records consistently records, private proprietors and that the quarrying permission have been obtained strictly in accordance with law. 4. The petitioners rely on the Jamabandi extract relating to Sy.No.54 and Sy.No.38/1 of Kanbail Bychanahalli Village and contend that Sy.No.54, measuring 18 acres originally belonged to Nandipurada Basaweshwara Temple. The schedule land was attached to Sy.No.38/1 measuring 6.92 acres and the Jamabandi entries show the temple as the owner. The petitioners specifically - 6 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 rely on Jamabandi records at Annexure-C and assert that these records demonstrate that the schedule land originally belonged to Nandipurada Basaweshwara Temple and is attached to Sy.No.38/1. The important aspect is that the petitioners have proceeded on the premise that the words "Nandipurada Basaweshwara Temple", appeared in column No.5, establishes the schedule land belongs to the temple. However, the very Jamabandi relied upon demonstrates otherwise: a. Column No.3 specifically records the pattedar/proprietor or holder of the recognized share. b. In the relevant years, in column No.3, the pattedar is shown as private individuals such as M. Henertimec Pherson Doresani, D. King, Major M. Robert Dulgreece, Major J. P. White sahib etc. and not the temple. 5. Historical Jamabandi entries show private proprietors in column No.3. 6. The explanation of column No.5, as offered by the respondents, appears prima facie plausible. The heading of column No.5 itself refers to "name of the garden/plantation/malai", and - 7 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 therefore, an entry such as "Hitlumanedala of kaligadde category of Nandipurada Basaweshwara Temple", can reasonably be read as a description of estate, garden, malai or locality, whereas the ownership is separately reflected in column No.3. 7. For ready reference, the Jamabandi records in tabular is extracted below: In respect of Sy. No. 54 JAMABANDI SURVEY NO.54 NAME OF THE WARGADAR, PROPRITOR OR LEASEHOLDER OF GARDEN, PLANTATION OR MALAI AS PER JAMABANDI (COLUMN NO.3) NAME OF GARDEN, PLANTATION OR MALAI AS PER JAMABANDI (COLUMN NO.5) 1922-28 M. Henryf mc Pherson doresani Holadawade belonging to said category 1928-33 M. Henryf mc Pherson doresani & D. King Holadawade belonging to said category 1933-38 D. King & Major M Robert Dulgreece Holadawade belonging to said category 1938-41 Major M Robert Dulgreece Holadawade belonging to said category 1942-46 M. Henryf mc Pherson doresani & Major J. P. White sahib Holadawade belonging to said category 1946-51 Major J. P. White saheb Holadawade belonging to said category - 8 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 1951-56 Major J. P. White sahib & Messares Maengalles & Brothers Holadawade belonging to said category 1958-79 Messares Maengalles & Brothers, The Blue Mountain Estates Ltd. Madras & Sri N. Sathappan, Sri N. Ramaswamy, Sri N. Subramaniam, Sri N. Annamalai and Smt. N. Umayal Achi Holadawade belonging to said category In respect of Sy. No. 38/1 JAMABANDI SURVEY NO.38/1 NAME OF THE WARGADAR, PROPRITOR OR LEASEHOLDER OF GARDEN, PLANTATION OR MALAI AS PER JAMABANDI (COLUMN NO.3) NAME OF GARDEN, PLANTATION OR MALAI AS PER JAMABANDI (COLUMN NO.5) 1922-28 M. Henryf mc Pherson doresani Hitlumanedala of kaligadde category of Sy. No. 12 Nandipurada Basaveshwara temple 1928-33 M. Henryf mc Pherson doresani & D. King Hitlumanedala of kaligadde category of Sy. No. 12 Nandipurada Basaveshwara temple 1933-38 D. King & Major M Robert Dulgreece Hitlumanedala of kaligadde category of Sy. No.12 Nandipurada Basaveshwara temple 1938-42 Major M Robert Dulgreece Hitlumanedala of - 9 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 kaligadde category of Sy. No. 12 Nandipurada Basaveshwara Temple 1941-46 M. Henryf mc Pherson doresani & Major J. P. White saheb Hitlumanedala of kaligadde category of Sy. No.12 Nandipurada Basaveshwara temple 1946-51 Major J. P. White saheb Hitlumanedala of kaligadde category of Sy. No. 12 Nandipurada Basaveshwara temple 1951-56 Major J. P. White sahib & Messares Maengalles & Brothers (renumbered as Sy. No.38/3 to an extent of 1.80 Acres) Hitlumanedala of kaligadde category of Sy. No. 12 Nandipurada Basaveshwara temple 1958-79 Miss Carmeth White (5.12 Acres) Hitlumanedala of kaligadde category of Sy. No.12 Nandipurada Basaveshwara temple 8. The above tabular statement clearly reveals that with respect of Sy.No.54, column No.3 consistently records private proprietors and column No.5 merely describes the garden or estate as "Holadawade belonging to said category". Likewise, in respect of Sy.No.38/1, column No.3 records the name of respective - 10 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 proprietors, while column No.5 describes the garden or estate as "Hitlumanedala of Kaligadde category of Sy.No.12, Nandipurada Basaweshwara Temple". 9. Annexure-C does not establish temple ownership of the schedule land. The name "Nandipurada Basaweshwara Temple", appears only in column No.5, which records the name or description of garden, plantation or field, not the name of the owner or pattedar. Further, column No.2 (tenure) records the entry of "Paradeena Unprevilaged Sagu 1905", indicating a category of land grant dating back to the colonial period. The reference to "M. Henertimec Pherson, Queen", reflects the tenure classification prevailing during the British Crown administration. 10. The petitioners have not produced any grant or sanad, inam record, mutation entry, RTC or any other title document showing that the temple as owner of Sy.No.54. Consequently, the contention that Sy.No.54 is temple property appears to be founded solely on an inference drawn from the descriptive entry in column No.5 of Jamabandi and does not constitute prima facie proof of ownership. On the contrary, the record indicates that the private respondent name has been recorded, pursuant to the purchase in - 11 - HC-KAR NC: 2026:KHC:31766-DB WP No. 28370 of 2024 the year 1974. The conversion order was issued on 05.03.2022. the quarrying activities are stated to be carried on after obtaining the requisite statutory permission. 11. Having regard to the wholly misconceived nature of proceedings, the failure of the petitioners to place a prima facie material in support to substantiate their allegation, the petition is unmerited. Accordingly, the petition is dismissed with costs quantified at `25,000/-. 12. Let the costs be deposited with the Karnataka State Legal Services Authority [KSLSA], Bengaluru within a period of two weeks from date. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AT List No.: 1 Sl No.: 28