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2026 DAILYLAW 35711 (KAR)

GIRISH BHAT K v. STATE OF KARNATAKA

WP/1888/2022 · 2026-07-30

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010037742022 NC: 2026:KHC:39918 WP No. 1888 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1888 OF 2022 (GM-R/C) BETWEEN: GIRISH BHAT K AGED ABOUT 49 YEARS, S/O LATE SRINIVAS BHAT K, REPRESENTED BY HIS GPA HOLDER, K SHIVARAMAKRISHNA BHAT @ K SANTHOSH BAHT, AGED ABOUT 35 YEARS, S/O K NARASIMHA BHAT, RESIDING AT CAR STREET, KOLLUR VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT - 576 101. …PETITIONER (BY SRI. PRAKASH M.H.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BOARD, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010037742022 NC: 2026:KHC:39918 WP No. 1888 of 2022 3RD FLOOR, MINTO ANJENEYA BHAVAN, A V ROAD, CHAMRAJAPET, BENGALURU - 560 018. 3. THE ASST. COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DISTRICT OFFICERS COMPLEX, B BLOCK, I FLOOR, RAJATADRI MANIPAL, UDUPI DISTRICT - 576 101. 4. THE CHIEF EXECUTIVE OFFICER SRI MOOKAMBIKA TEMPLE, KOLLURU, UDUPI DISTRICT - 576 101. 5. SRI. PRABHAKAR ADIGA S/O LATE K ANANTHA ADIGA AGED ABOUT 72 YEARS R/AT GOPALA KRISHNA DEVASTHANA ROAD, KOLLUR, KUNDAPURA TALUK UDUPI - 576 101. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO R3; SMT. APARNA N., ADVOCATE FOR SMT. BHAVANA G.K., ADVOCATE\CR FOR R4; SRI. HARISH KUMAR., M.S. ADVCOATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 03.12.2021 PASSED BY THE R-2 VIDE ANENXURE-A AND CONSEQUENTLY THE ORDER DATED 20.09.2018 PASSED BY THE R-3 VIDE ANNEXURE-B AND GRANT SUCH OTHER AND FURTHER RELIEF ON THE FACTS AND CIRCUMSTANCES OF THE CASE. - 3 - HC-KAR CNR: KAHC010037742022 NC: 2026:KHC:39918 WP No. 1888 of 2022 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 1. Petitioner who claims to be a heredity Archaka in respect of Balamuri Ganapathi Temple situated in the land bearing Sy.No.19/2 of Kollur Village, Byndur Taluk, is before this Court being aggrieved by the communication dated 20.09.2018 issued by the respondent No.3- Assistant Commissioner addressed to Chief Executive Officer of Mukambika Temple as per Annexure-B, which has now resulted in issuance of order dated 03.12.2021 by the respondent No.2-Commissioner as per Annexure- A, wherein revision petition bearing R.P.No.13/2018 filed by the father of the petitioner was dismissed. 2. Learned counsel for the petitioner after arguing the matter at length submits that the petitioner has now filed a suit in O.S.No.418/2023 (Old O.S.No.500/2012) which is pending consideration on the file of Civil Judge and JMFC, Kundapura. That in the said suit petitioner is stated - 4 - HC-KAR CNR: KAHC010037742022 NC: 2026:KHC:39918 WP No. 1888 of 2022 to have sought for a substantial relief of declaration of his right, title, interest and possession of the said property. Hence, submits that petitioner be reserved with liberty to seek remedy subject to outcome of the said suit. 3. In that view the matter, without adverting to merits or otherwise of the issues raised in the petition and reserving liberty to the petitioner to seek such remedy as may be available under law, subject to outcome of the suit in O.S.No.418/2023 on the file of Civil Judge and JMFC, Kundapura, petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 26