- 1 - HC-KAR NC: 2026:KHC:6154 WP No. 16895 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 16895 OF 2023 (GM-RES) BETWEEN: 1. SRI.K.G. GOVINDAIAH S/O SANJEEVAIAH, AGED ABOUT 68 YEARS, R/AT SETTIBANAJIGAR, ABHINAV ELECTRICAL STORES MAIN ROAD, KORATAGERE TOWN, TUMKUR DISTRICT - 572 132. 2. SRI. H.V.VEERANNA S/O HULIYAPPA, AGED ABOUT 71 YEARS, R/AT THARIAMBAKESHWARA TANK COLONY, KORATAGERE TOWN, TUMKUR DISTRICT - 572 132. …PETITIONERS (BY SRI. K.N. NITISH., ADVOCATE FOR SRI. K V NARASIMHAN.,ADVOCATES) AND: 1. STATE OF KARNATAKA BY ITS PRL. SECRETARY, DEPARTMENT OF REVENUE M.S.BUILDING, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR -571 129. 3. ASSISTANT COMMISSIONER Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6154 WP No. 16895 of 2023 MADUGIRI SUB-DIVISION, TUMKUR DISTRICT - 572 132. 4. TAHSILDAR KORATAGERE TALUK, TUMKURU DISTRICT - 572 129. 5. ABDUL RAZAK, S/O ABDUL MUNAF, AGED ABOUT 49 YEARS, BHARATH CORK INDUSTRIES, GERAHALLI, KORAHOBLI, TUMKUR TALUK AND DISTRICT,. TUMKUR - 572 129. …RESPONDENTS (BY SMT. B.P. RADHA., AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONERS AT ANNEXURE-H DATED 17/08/2022 AND TAKE ACTION AGAINST THE R5. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court seeking issue of mandamus or any other appropriate writ, order or direction to respondent No.2, Deputy Commissioner, Tumkuru District to consider their representation dated 17.08.2022 produced at - 3 - HC-KAR NC: 2026:KHC:6154 WP No. 16895 of 2023 Annexure-H, in which they have sought for action to be taken against respondent No. 5. 2. Learned counsel for the petitioners taking this Court through the record submits that petitioners herein had originally initiated the proceedings in O.S.No.1/1984 filed under Section 92 of the CPC against the then trustees' of Chandramouleswara Swamy Temple, Koratagere. The said suit came to be decreed, in furtherance to which, a scheme of management has been formulated by the Principal District and Sessions Judge, Tumkuru, in which the Assistant Commissioner is also one of the Trustees. He further submits that since in the interregnum, the Assistant Commissioner was assigned with the responsibility of managing the affairs of the Temple who had also given undertaking before the Principal District and Sessions Judge, Tumkuru, prior to finalisation of the scheme to remove the encroachment over the property belonging to the Temple but till date no action has been taken. Therefore, petitioners who are interested in the affairs of Administration of the said Temple have filed the present petition seeking direction to respondent No. 2 to take action in the matter. - 4 - HC-KAR NC: 2026:KHC:6154 WP No. 16895 of 2023 3. In response, learned AGA submits that the Tahsildar has already issued notice on 11.12.2023 and further action will be initiated in accordance with law. She further submits that since a Committee of management is in place, petitioners who have no say in the Administrative affairs of the committee, do not have any locus standi in the matter. Hence, she seeks for dismissal of the petition. 4. Heard. Perused the records. 5. Petitioners who had initiated the proceedings, under Section 92 of CPC as noted above which culminated in the settlement of scheme are seeking direction to the respondent No.2/Deputy Commissioner to remove the encroachment allegedly made by respondent No.5. Learned counsel for the petitioners fairly submits that since the proceedings were initiated by them, petitioners are only interested in seeing the logical conclusion is reached to the process which they had set in motion. Since a scheme of management is settled, a Committee of management which also includes Assistant Commissioner is in place, as rightly pointed out by learned AGA, the committee is required to take action further in the - 5 - HC-KAR NC: 2026:KHC:6154 WP No. 16895 of 2023 matter in the manner known to law. As such, direction at the instance of petitioners in the facts and circumstances of the matter is not warranted. 6. Taking on record the submission made by learned AGA that the necessary action in the matter would be initiated by the Committee which is in place, petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 2 Sl No.: 4