- 1 - HC-KAR CNR: KAHC010276772024 NC: 2026:KHC:51636 WP No. 13379 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 13379 OF 2024 (KLR-RES) BETWEEN: SRI GONDALAPPA S/O LATE SRI PATEL NAGAPPA, AGED ABOUT 70 YEARS, VILLAGER AND RESIDING AT AYITHOLU VILLAGE, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT KARNATAKA - 577 001. …PETITIONER (BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR SRI. JAYARAJ D.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, DR. AMBEDKAR VEEDHI, M.S.BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, CHITRADURGA TALUK AND DISTRICT, KARNATAKA - 577 001. 3. THE ASSISTANT COMMISSIONER CHITRADURGA TALUK Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010276772024 NC: 2026:KHC:51636 WP No. 13379 of 2024 AND DISTRICT, KARNATAKA - 577 001. 4. THE TAHSILDAR CHITRADURGA TALUK AND DISTRICT, KARNATAKA - 577 002. 5. SRI G N VIRUPAKSHAPPA, S/O LATE SRI PATEL NAGAPPA, AGED ABOUT 72 YEARS, 6. SMT. G.N. RUKMANAMMA, D/O LATE SRI PATEL NAGAPPA, W/O SRI. D.N. NINGAPPA, AGED ABOUT 77 YEARS, 7. SRI G N KARIYAPPA, S/O LATE SRI PATEL NAGAPPA, AGED ABOUT 74 YEARS 8. SRI G N CHANDRAPPA, S/O LATE SRI PATEL NAGAPPA, AGED ABOUT 68 YEARS, 9. SRI. G.N. PANDURANGAPPA S/O LATE PATEL NAGAPPA W/O. SRI. BOMANTHAPPA AGED ABOUT 64 YEARS 10. SRI G N SIDDAMMA, D/O LATE SRI PATEL NAGAPPA, W/O SRI BOMANTHAPPA, AGED ABOUT 58 YEARS - 3 - HC-KAR CNR: KAHC010276772024 NC: 2026:KHC:51636 WP No. 13379 of 2024 RESPONDENTS NO.5 TO 10 ARE ALL VILLAGERS AND RESIDING AT AYITHOLU VILLAGE, KASABA HOBLI CHITRADURGA TALUK AND DISTRICT KARNATAKA - 577 001 11. SRI K C CHANDRAPPA, S/O LATE SRI CHIKKAPPA, AGED ABOUT 80 YEARS, 12. SRI VEERAPANJAPPA, S/O LATE SRI GONDYALAPPA, AGED ABOUT 74 YEARS 13. SRI S K CHANDRAPPA, S/O LATE SRI. GONDYALAPPA AGED ABOUT 74 YEARS 14. SRI G K NAGENDRAPPA, S/O LATE SRI G N KATAPPA, AGED ABOUT 60 YEARS, 15. SRI G NAGENDRAPPA, S/O LATE SRI GONDYAPPA, AGED ABOUT 70 YEARS, 16. SRI ERAPANJAPPA, S/O LATE SRI POOJARI ERAPPA, AGED ABOUT 70 YEARS 17. SMT. JAYANNA, S/O LATE SRI SOTTAPPA, AGED ABOUT 68 YEARS, - 4 - HC-KAR CNR: KAHC010276772024 NC: 2026:KHC:51636 WP No. 13379 of 2024 18. SRI K DASAPPA, S/O LATE SRI KADRAPPA, AGED ABOUT 77 YEARS 19. SRI CHANDRAPPA, S/O LATE SRI NARASIMHAPPA, AGED ABOUT 70 YEARS, RESPONDENTS NO.11 TO 18 ARE ALL RESIDENTS OF AYITHOLU VILLAGE, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT KARNATAKA - 577 001. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO-a) CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF THE DEPUTY COMMISSIONER RESPONDENT NO. 2 ON THE FILE OF THE PROCEEDINGS BEARING REVISION PETITION IN R. P. NO. 69/2022 VIDE ANNEXURE -A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010276772024 NC: 2026:KHC:51636 WP No. 13379 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 4. 2. In this writ petition, the petitioner is assailing the Order dated 13.12.2023 in R.P.No.69/2022 (Annexure-A) passed by respondent No.2. 3. Heard Sri. Rajesh Mahale, learned Senior Counsel appearing on behalf of Sri.Jayaraj D.S, for the petitioner and Sri.Aditya Diwakara, learned Additional Government Advocate for respondent Nos.1 to 4. 4. It is contended by Sri.Rajesh Mahale, learned Senior Counsel appearing for the petitioner by referring to the judgment and decree dated 13.04.1970 (Annexure-C) and referred to the operative portion of the Judgment passed by the Civil Court and as such, submitted that, as the direction issued by the Civil Court has not been given effect to, insofar as framing of the scheme in respect of - 6 - HC-KAR CNR: KAHC010276772024 NC: 2026:KHC:51636 WP No. 13379 of 2024 the temple in question is concerned and as such, the said judgment and decree was confirmed by this Court in RFA No.47/1970 dated 19.07.1973 (Annexure-D) and accordingly, submitted that there is no impediment for the revenue authorities to enter the name of the petitioner in the revenue records as the petitioner is in possession of the land in question. Accordingly, sought for interference of this Court. 5. Per contra, learned Additional Government Advocate submitted that since the petitioner is claiming right over the property based on the judgment and decree dated 13.04.1970 and further, after a period of 50 years, the petitioner cannot claim that he is in possession of the land in question which is a disputed question of facts and the same cannot be interfered under Article 226 of the Constitution of India. Accordingly, sought for dismissal of the petition. - 7 - HC-KAR CNR: KAHC010276772024 NC: 2026:KHC:51636 WP No. 13379 of 2024 6. In the light of the submissions made by learned counsel appearing for the parties and on careful consideration of the judgment and decree dated 13.04.1970 passed in O.S.No.1/1966 (Annexure-C), makes it clear that a Committee of five Trustees is to be nominated by the competent Civil Court, and the said exercise has not been completed till date, as per the writ papers. 7. In this regard, it is also not in dispute that the aforementioned judgment and decree passed by the Trial Court is confirmed in RFA No.47/1970 dated 19.07.1973 (Annexure-D). 8. Though, I find force in the submissions made by the learned Senior Counsel in terms of the judgment and decree passed by the Civil Court, however, as on the date of the decree is concerned, the petitioner was in possession of the land in question. However, over a period of five decades, the Revenue Court cannot come to a - 8 - HC-KAR CNR: KAHC010276772024 NC: 2026:KHC:51636 WP No. 13379 of 2024 conclusion to say that the petitioner is in possession of the land in question which is required to be decided before the Civil Court in an appropriate proceedings. 9. In this regard, a perusal of the writ papers would indicate that the petitioner herein has filed O.S.No.529/2022 before the Civil Judge and JMFC., Chitradurga and the said proceedings is pending consideration before the competent Civil Court. 10. In that view of the matter, it is open for the petitioner to approach the revenue Authorities, after the conclusion of the proceedings in O.S.No.529/2022. 11. In that view of the matter, no interference is called for, at this stage. Accordingly, the writ petition is disposed of. 12. Pending IA's, if any, disposed of accordingly. SD/- (E.S.INDIRESH) JUDGE GH / List No.: 1 Sl No.: 17