- 1 - HC-KAR CNR: KAHC010464142023 NC: 2026:KHC:42326 WP No. 19978 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 19978 OF 2023 (GM-R/C) BETWEEN: SMT. GULABI SEDTHI, W/O RAGHURAM SHETTY, AGED ABOUT 60 YEARS, R/O BADTHI BAIL, HOSALA VILLAGE, UDUPI TALUK AND DISTRICT - 576 104. REPRESENTED BY HER G.P.A HOLDER DR. RAJARAMA SHETTY, S/O LATE RAGHURAMA SHETTY, AGED ABOUT 52 YEARS, RESIDENT OF NO.1, NEAR PRAJWAL CLINIC, GOVINDAPURA MAIN ROAD, AC POST, BANGALORE - 560 045. …PETITIONER (BY SMT.MUBARAK BEGUM S., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010464142023 NC: 2026:KHC:42326 WP No. 19978 of 2023 M.S. BUILDING, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT, DEPUTY COMMISSIONERS COMPLEX, B BLOCK, FIRST FLOOR, RAJATADRI, MANIPALA, UDUPI DISTRICT - 576 104. 3. SMT. SUSHEELA G. HEGDE @ SUSHEELA M BHATT, W/O MAHABALESHWARA BHAT, AGED ABOUT 60 YEARS, R/O RATHABEEDI ROAD, BARKUR POST, HOSALA VILLAGE, UDUPI TALUK AND DISTRICT - 576 104. …RESPONDENTS (BY SMT.VEENA BHAT, ADVOCATE FOR SRI.T.S.GURUNATH, ADVOCATE FOR R3; SRI.SRINIVAS KUMAR M., HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE CASE OF THE PETITIONER; ISSUE DIRECTION TO THE R1 TO DECLARE THAT THE SRI SIDDESHWARA SIDDINATHA DEVA DEVASTHANA IS A HINDU RELIGIOUS MUZRAI TEMPLE AS PER THE KARNATAKA STATE GAZETTE NOTIFICATION BEARING NO.RD 87 MUAABI 2012, DATED 29.09.2012, PAGE NO.744, SL.NO.217 SITUATED AT - 3 - HC-KAR CNR: KAHC010464142023 NC: 2026:KHC:42326 WP No. 19978 of 2023 HANNIHALLI VILLAGE, UDUPI DISTRICT, IN SY.NO.110/1 AS VIDE ANNEXURE-G TO THIS WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is claiming to be the owner in possession of certain land measuring 0.46.5 cents in Survey No. 51/1 of Hosala Village, Brahmavara taluk, Udupi District, has filed this petition seeking following reliefs: a. Issue a writ of Mandamus or any other appropriate writ, or order or direction to the first respondent to declare that the Sri. “Siddeshwara Siddinatha Deva Devasthana” is a Hindu Religious Muzrai Temple as per the Karnataka State Gazette Notification bearing No.RD 87 MUAABI 2012, dated 29.09.2012, page No.744, Sl.No.217 situated at Hannihalli village, Udupi District, in Sy.No.110/1 as vide Annexure-G to this writ petition. b. Issue a writ of Mandamus or any appropriate writ or order or direction to first respondent to - 4 - HC-KAR CNR: KAHC010464142023 NC: 2026:KHC:42326 WP No. 19978 of 2023 declare that the temple in Sy.No.48/1, of Hosahalli village, Udupi Taluk, is not a Gazette Notified Muzrai Temple. c. Issue a writ of Mandamus or any appropriate writ or order or direction to First respondent to declare that the respondent No.5 is neither hereditary Trustee nor any person appointed by the respondent No.1 to Sri. “Siddeshwara Siddinatha Deva Devasthana’. d. And pass such other order/orders as this Hon’ble Court deems fit, in the facts and circumstances of the case to meet the ends of justice. 2. It is contended that on the southern boundary of her land, there is a passage running from east to west towards Belthi Lake in Survey No. 48/2 belonging to the Government. That respondent No.3 is illegally interfering with the lawful possession and enjoyment of the land of the petitioner, allegedly claiming herself to be the hereditary trustee appointed by the Government to look after the management of temple known as Shri. - 5 - HC-KAR CNR: KAHC010464142023 NC: 2026:KHC:42326 WP No. 19978 of 2023 Siddeshwara Siddhinatha Deva Devasthana. That the said temple is situated in Hosala Village and she claims it’s an endowment temple in Survey No.48/1 a Government land that she is also causing obstruction on the southern boundary passage to reach the temple. 3. It is submitted by learned counsel for the parties that the petitioner has already filed a suit in O.S.No.276/2017 against respondent No.3 seeking injunctive relief, which is still pending consideration. Similarly, respondent No.3 has also filed a suit in O.S.No. 235/2023, seeking her right to be the hereditary trustee of the said temple. 4. Since disputed questions of facts claiming right over the immovable property being claimed by the petitioner and respondent No.3, and the suits in this regard have already been filed, relief of this nature cannot be granted in the writ petition. 5. Accordingly, the writ petition is dismissed. - 6 - HC-KAR CNR: KAHC010464142023 NC: 2026:KHC:42326 WP No. 19978 of 2023 6. All contentions are kept open. Sd/- (M.G.S. KAMAL) JUDGE SKS