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2026 DAILYLAW 33826 (KAR)

SREE MALLIKARJUNA DEVASTGHANA AND GURUPEETHALAYA TRUST COMMITTEE (R) v. STATE OF KARNATAKA

WA/1712/2024 · 2026-08-06

D K Singh, T M Nadaf

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010650952024 NC: 2026:KHC:41596-DB WA No. 1712 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1712 OF 2024 (LR) BETWEEN: 1. SREE MALLIKARJUNA DEVASTGHANA AND GURUPEETHALAYA TRUST COMMITTEE (R) PUBLIC CHARITABLE DEVAGIRI BRANCH, NELLUR KEMRACHI VILLAGE, SULYA TALUK, SOUTH CANARA DISTRICT. REPRESENTED BY ITS PRESIDENT SRI. SHAMBHU UPADYAYA REPRESENTATION GPA HOLDER SRI. JAYAPRAKASH NARAYA S/O LATE NARAYANA SETTEE AGED ABOUT 76 YEARS, R/AT NO.22, 1ST MAIN ROAD, 2ND STAGE, OKLIPURAM, BENGALURU-560021 …APPELLANT (BY SRI. P.P.HEGDE, SENIOR ADVOCATE FOR SRI. PRAKASHA M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, M.S.BUILDING, V FLOOR, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010650952024 NC: 2026:KHC:41596-DB WA No. 1712 of 2024 DR.AMBEDKAR VEEDI, BENGALURU-560001 2. THE LAND TRIBUNAL BENGALURU NORTH ADDITIONAL TALUK, BENGALURU-560002 BY ITS CHAIRMAN, T KEMPARAJU SINCE DECEASED REP., BY LRs. 3. SMT SHANTHAMMA W/O M MOHANRAM, D/O LATE T KEMPARAJU, AGED ABOUT 62 YEARS, 4. SMT. MANJULA W/O LAKSHMINARAYANA,. D/O LATE T KEMPARAJU, AGED ABOUT 54 YEARS, 5. SRI THYAGARAJ G K S/O LATE T KEMPARAJU, AGED ABOUT 58 YEARS, 6. SMT. GEETHA S/O LATE G DEVARAJ, D/O LATE T KEMPARAJU, AGED ABOUT 53 YEARS, 7. NALINA D/O LATE T KEMPARAJU, AGED ABOUT 51 YEARS, 8. SMT. SUJATHA W/O LATE NARAYANASWAMY, AGED ABOUT 59 YEARS, 9. SRI NAVEEN S/O LATE NARAYANASWAMY, - 3 - HC-KAR CNR: KAHC010650952024 NC: 2026:KHC:41596-DB WA No. 1712 of 2024 AGED ABOUT 34 YEARS, 10. SRI MANOHAR S/O LATE NARAYANASWAMY, AGED ABOUT 32 YEARS, 11. MS SOUMYA D/O LATE NARAYANASWAMY, AGED ABOUT 32 YEARS, R3 TO R11 ALL ARE R/AT GANAGALOUR VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RUAL DISTRICT-562114 H KEMPAIAH SINCE DECEASED REP BY LRS., 12. SMT. NAGARATHNAMMA, W/O LATE NARAYANASWAMY, D/O LATE H KEMPAIAH, AGED ABOUT 65 YEARS, R/AT ATTIBELE VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT 13. SMT K VIMALAMMA W/OP JAYARAMAIAH, AGED ABOUT 62 YEARS, R/AT KALIDASA MARG, GANDHINAGAR, BENGALURU-560009 14. SRI K NARAYANAGOWDA S/O LATE H KEMPAIAH, AGED ABOUT 59 YEARS, R/AT BAGALUR VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, - 4 - HC-KAR CNR: KAHC010650952024 NC: 2026:KHC:41596-DB WA No. 1712 of 2024 BENGALURU URBAN DISTRICT. 15. SMT. RADHA W/O G NARAYANA GOWDA, AGED ABOUT 58 YEARS, R/AT MUTHUGADAHALLI VILLAGE, KAIWARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-562101 RAMACHANDRA GOWDA SINCE DECEASED REP BY LRS., 16. SMT MAMATHA W/O LATE RAMACHANRA GOWDA, AGED ABOUT 55 YEARS, R/AT NO.22, 2ND A MAIN, AJJAMALAPPA KACHARKANAHALLI, BENGALURU-560084 17. SMT. K CHANDRIKA W/O SRINIVAS GOWDA, AGED ABOUT 52 YEARS, R/AT KANIGENAHALLI VILLAGE, CHIKKABALLAPURA DISTRICT-562101 18. SMT. RENUKA W/O CHANDRASHEKAR, AGED ABOUT 50 YEARS, R/AT KALLUKATTA, SRINGERI TALUK, CHIKKABALLAPURA DISTRICT-562101 19. SRI M RAMANNA S/O LATE MUNIBYRAPPA, AGED ABOUT 70 YEARS, SONNAMMA SINCE DECEASED REP BY LRS., - 5 - HC-KAR CNR: KAHC010650952024 NC: 2026:KHC:41596-DB WA No. 1712 of 2024 20. SRI K SRINIVAS GOWDA S/O LATE KRISHNAPPA, AGED ABOUT 46 YEARS, R19 & R20 ARE R/AT BOODIGERE VILLAGE AND POST, CHANNARAHYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110 21. SRI K MANJUNATH S/O LATE KRISHNAPPA, AGED ABOUT 43 YEARS, 22. SRI T S MUNIRAJAPPA S/O LATE SONNAPPA, AGED ABOUT 78 YEARS, 23. SRI T S NARAYANASWAMY S/O LATE SONNAPPA, AGED ABOUT 70 YEARS, 24. SRI S VEERANNA S/O LATE SONNAPPA, AGED ABOUT 43 YEARS, 25. SRI S MUNIYAPPA S/O LATE SONNAPPA, AGED ABOUT 43 YEARS, 26. SRI VENKATASWAMAPPA S/O N RAMAIAH, AGED ABOUT 75 YEARS, N RAMAIAH SINCE DECEASED REP BY LRS., 27. SMT KAMALAMMA W/O LATE N RAMAIAH, AGED ABOUT 60 YEARS, - 6 - HC-KAR CNR: KAHC010650952024 NC: 2026:KHC:41596-DB WA No. 1712 of 2024 28. SRI R THYAGARAJ S/O LATE N RAMAIAH, AGED ABOUT 50 YEARS, 29. SRI R KEMPARAJU S/O LATE N RAMAIAH, AGED ABOUT 50 YEARS, 30. SRI NANJE GOWDA S/O LATE N RAMAIAH, AGED ABOUT 50 YEARS, 31. SRI R MAHESH GOWDA S/O LATE N RAMAIAH, AGED ABOUT 50 YEARS, R21 TO R31 ARE R/AT BOODIGERE VILLAGE AND POST, CHANNARAHYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562101 32. SRI N KRISHNAPPA S/O LATE NANJAPPA, AGED ABOUT 73 YEARS, 33. SRI N RAJANNA S/O LATE NANJAPPA, AGED ABOUT 68 YEARS, 34. N MUNIRATHNA SINCE DECEASED REP BY LRS., SMT NANDINI W/O LATE MUNIRATHNA, AGED ABOUT 29 YEARS, 35. SRI M GANESH S/O LATE MUNIRATHNA, AGED ABOUT 29 YEARS, - 7 - HC-KAR CNR: KAHC010650952024 NC: 2026:KHC:41596-DB WA No. 1712 of 2024 36. SRI M RITESH S/O LATE MUNIRATHNA, AGED ABOUT 26 YEARS, R32 TO R36 ARE R/AT THIRUMALENAHALLI VILLAGE, MANDUR POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560049 37. SRI NANJAPPA @ DODDANANJAPPA S/O MUNISHAMAPPA @ DODDANANJAPPA, AGED ABOUT 70 YEARS, CHIKKANNA SINCE DECEASED REP BY LRS., 38. SRI NAGARAJU S/O LATE CHIKKANNA, AGED ABOUT 57 YEARS, 39. SRI JAYARAJ S/O LATE CHIKKANNA, AGED ABOUT 52 YEARS, 40. SRI SHEKAR S/O LATE CHIKKANNA, AGED ABOUT 42 YEARS, R37 TO R40 ARE R/AT THIRUMALLENAHALLI, MANDOOR POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU RURAL DISTRICT-562001 …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1 AND R2; SRI. CHETAN KUMAR.V, ADVOCATE FOR SRI. T.M.VENKATA REDDY, ADVOCATE FOR R3- R8-R10 TO R11) - 8 - HC-KAR CNR: KAHC010650952024 NC: 2026:KHC:41596-DB WA No. 1712 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WP No-27409/2017 (LR) DATED 27.09.2024 BY THE LEARNED SINGLE JUDGE ALLOWING THE WP FILED BY THE RESPONDENT No-3 TO 11, ETC. THIS APPEAL, COMING ON FOR ORDERS, 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) Learned counsel appearing for the appellant submits that the subject matter of the present appeal arise out of the common impugned judgment and order passed by the learned Single Judge. 2. The co-ordinate Bench has set aside the judgment and order dated 27.09.2024 passed by the Writ Court. Against the said judgment and order, the Supreme Court has dismissed the SLP(C)No.29160/2025 vide order dated 28.08.2025. 3. In view of the judgment passed by the co-ordinate Bench as mentioned, we allow this appeal and the delay of - 9 - HC-KAR CNR: KAHC010650952024 NC: 2026:KHC:41596-DB WA No. 1712 of 2024 seven days in filing the appeal is condoned. Pending applications, if any, are also disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA List No.: 1 Sl No.: 7