- 1 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.105242 OF 2023 (GM-TEN) C/W WRIT PETITION NO.105232 OF 2023 WRIT PETITION NO.105241 OF 2023 WRIT PETITION NO.105318 OF 2023 IN WRIT PETITION NO.105242 OF 2023 BETWEEN: SHRI. JOGULABHAVI SATYAMMA DEVI DEVASTHAN, REPRESENTED BY ITS DHARMIKA PARISHAT CONSISTING OF 1. SRI. SHIVANAND S/O. CHANNAPPA HUGAR, PRESIDENT OF THE DHARMIKA PARISHAT, AGE: 44 YEARS, OCC: POOJA AND HOOGARIKE OF TEMPLE R/O: SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591126. 2. SRI. PRAKASH S/O. MALLIKARJUN PUJAR, VICE-PRESIDENT OF THE DHARMIKA PARISHAT, AGE: 42 YEARS, OCC: POOJA OF THE TEMPLE, R/O: SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591126. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER 3. SRI. APPAYYA S/O. SHEKHANNA HUGAR, SECRETARY OF THE DHARMIKA PARISHAT, AGE: 31 YEARS, OCC: HOOGARIKE OF THE TEMPLE R/O: SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591126. 4. SRI. RAVI S/O. SHIVAPUTRAPPA HUGAR, TREASURER OF THE DHARMIKA PARISHAT, AGE: 42 YEARS, OCC: HOOGARIKE OF THE TEMPLE, R/O: SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591126. 5. SRI. SHIVAPUTRAPPA S/O. PARAPPA HUGAR, MEMBER OF THE DHARMIKA PARISHAT, AGE: 68 YEARS, OCC: HOOGARIKE OF THE TEMPLE, R/O: SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591126. 6. SRI. SUBHASHSINGH S/O. IRASINGH RAJPUT, MEMBER OF THE DHARMIKA PARISHAT, AGE: 59 YEARS, OCC: SEVA OF THE TEMPLE R/O: SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591126. 7. SRI. ANDUSINGH S/O. JAISINGH RAJPUT, MEMBER OF THE DHARMIKA PARISHAT, AGE: 44 YEARS, OCC: SEVA OF THE TEMPLE, R/O: SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591126. 8. SRI. MAHABALESHWAR S/O. CHAMBANNA HUGAR, MEMBER OF THE DHARMIKA PARISHAT, AGE: 32 YEARS, OCC:SEVA OF THE TEMPLE, R/O: SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591126. 9. SRI. UDAY S/O. ANNAPPA HUGAR, MEMBER OF THE DHARMIKA PARISHAT, AGE: 46 YEARS, OCC: SEVA OF THE TEMPLE, R/O: BYEPASS ROAD, AMBEDKAR NAGAR, R/O: SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591126. - 3 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER …PETITIONERS (BY SRI. F.V. PATIL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND PRESIDENT OF NAVALGUND SHIRASANGI TRUST, BELAGAVI – 590001, TAL: AND DIST: BELAGAVI. 2. THE SARDESAI NAVALGUND SHIRASANGI CHARITABLE TRUST FUND COMMITTEE, REPRESENTED BY ITS SECRETARY, HAVING ITS OFFICE AT OLD ZILLA PANCHAYAT BUILDING, COURT COMPOUND, BELAGAVI-591126. …RESPONDENTS (BY SMT. SHWETA R.KULKARNI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, i) ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE TENDER NOTIFICATION BEARING NO.KRA.SAN.N.S.T.C.R-09/2023-24 DATED 1/08/2023 PUBLISHED IN THE VIJAYAVANI KANNADA NEWSPAPER, BELAGAVI EDITION ON 03/08/2023 ISSUED BY RESPONDENT NO.1 AND 2 VIDE ANNEXURE-G. ii) ISSUE AN APPROPRIATE DIRECTION TO THE 2ND RESPONDENT TRUST TO REFUND THE ENTIRE AMOUNT COLLECTED ILLEGALLY AND WITHOUT ANY AUTHORITY - 4 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER ALONG WITH APPROPRIATE INTEREST WHICH CAN BE UTILISED FOR THE DEVELOPMENTAL ACTIVITY OF THE TEMPLE TO CATER TO THE NEEDS OF THOUSANDS OF DEVOTEES OF THE PETITIONER TEMPLE IN THE INTEREST OF JUSTICE AND EQUITY. iii) DECLARE THAT THE REGISTRATION OF THE 2ND RESPONDENT AS PRIVATE TRUST IS BEING CONTRARY TO ARTICLE 13 AND ARTICLE 26 OF THE CONSTITUTION OF INDIA. iv) AND ANY OTHER RELIEF WHICH DEEMS FIT IN THE INTEREST OF JUSTICE. IN WRIT PETITION NO.105232 OF 2023 BETWEEN: ASHOK S/O. BABURAO MOKASHI, SINCE DECEASED BY HIS LR’S, 1 (A) SAROJINI W/O. ASHOK MOKASHI, AGE. 52 YEARS, OCC. HOUSE WIFE, R/O. MOKASHI ONI, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. 1 (B) MARUTI S/O. ASHOK MOKASHI, AGE. 24 YEARS, OCC. HOUSE WIFE, R/O. MOKASHI ONI, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. 1 (C) SHOBHA S/O. SANTOSH HAIBATI, AGE. 22 YEARS, OCC. HOUSE WIFE, BELAGAVI ROAD, HORGIN CUTTIGERI, GANESH NAGAR HALIYAL TQ. HALIYAL, DIST. UTTAR KANNADA-581329. - 5 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER 1 (D) SUNIL S/O. ASHOK MUKASHI, AGE. 21 YEARS, OCC. HOUSE WIFE, R/O. MOKASHI ONI, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. ...PETITIONERS (BY SRI. K.ANANDKUMAR, ADVOCATE) AND: SARADESAI NAVALGUND SHIRASANGI CHARITABLE TRUST FUND COMMITTEE, OLD ZILLA PANCHAYAT BUILDING COURT PREMISES, BELAGAVI-590001, REPT. BY CHAIRMAN/ DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI. …RESPONDENT (BY SMT. SHWETA R.KULKARNI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, i) ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED NOTIFICATION BEARING NO. KRA.SAM.N.S.T.C.R-09/2023-24 DATED. 01-08-2023 ISSUED PASSED BY THE RESPONDENT AS AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. ii) II) ISSUE ANY OTHER ORDER, WRIT OR DIRECTION AS THIS HONBLE COURT DEEMS FIT IN VIEW OF THE - 6 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER FACTS AND CIRCUMSTANCES OF THE CASE STATED ABOVE IN THE INTEREST OF JUSTICE AND EQUITY. IN WRIT PETITION NO.105241 OF 2023 BETWEEN: GANGADHARAYYA S/O. GURUPADAYYA BANGARIMATH, AGED ABOUT 68 YEARS, OCC. COCONUT BUSINESS, R/O. PHADKI PURAM, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI. ...PETITIONER (BY SRI. GURUDEV I.GACHCHINMATH, ADVOCATE) AND: THE DEPUTY COMMISSIONER, CHAIRMAN, NAVALGUND-SHIRASANGI TRUST, BELAGAVI, TQ. AND DIST. BELAGAVI-590001. …RESPONDENT (BY SMT. SHWETA R.KULKARNI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF HE CONSTITUTION OF INDIA, PRAYING TO, a) QUASH THE IMPUGNED TENDER NOTIFICATION DATED 1-8-2023 BEARING NO.NSTCR-09/2023-24 PRODUCED AS ANNEXURE-C ISSUED BY THE RESPONDENT BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS. - 7 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER b) GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE INCLUDING AN ORDER FOR COSTS MAY KINDLY BE PASSED IN THE INTEREST OF JUSTICE AND EQUITY. IN WRIT PETITION NO.105318 OF 2023 BETWEEN: SRI. RAVI S/O. BHARAMAPPA KHODANAPUR, AGE. 40 YEARS, OCC. AGRICULTURIST, R/O. HOLLAR ONI, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. ...PETITIONER (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, PUBLIC WORKS DEPARTMENT AND INLAND WATER TRANSPORT DEPARTMENT, VIKASA SOUDHA, BENGALURU, BY ITS PRINCIPAL SECRETARY, 560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590001. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BELAGAVI-590001. 4. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION BELAGAVI-590001. - 8 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER 5. THE DEPUTY COMMISSIONER AND CHAIRMAN, SIRDESAI NAVALGUND SIRSANGI TRUST, BELAGAVI-590001. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4; SMT. SHWETA R.KULKARNI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, a. A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE NOTIFICATION DT. 1.8.2023 BEARING NO.N.S.T.C.R 09/23-24 ISSUED BY THE RESPONDENT NO.5 PRODUCED AS ANNEXURE-A. b. SUCH OTHER WRIT OR ORDER OR DIRECTION AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE CASE, INCLUDING AN ORDER FOR COSTS MAY KINDLY BE PASSED, IN THE INTEREST OF JUSTICE AND EQUITY. THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, COMMON ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 9 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER ORAL COMMON ORDER Writ Petition No.105242/2023 is filed seeking the following prayer: “i) Issue writ in the nature of certiorari quashing the tender notification bearing No.KRA.SAN.N.S.T.C.R-09/2023-24 dated 1/08/2023 published in the Vijayavani Kannada Newspaper, Belagavi edition on 03/08/2023 issued by Respondent No.1 and 2 vide Annexure-G. ii) Issue an appropriate direction to the 2nd Respondent Trust to refund the entire amount collected illegally and without any authority along with appropriate interest which can be utilised for the developmental activity of the temple to cater to the needs of thousands of devotees of the petitioner temple in the interest of justice and equity. iii) Declare that the registration of the 2nd Respondent as Private Trust is being contrary to Article 13 and Article 26 of the Constitution of India. iv) And any other relief which deems fit in the interest of justice.” 2. Writ Petition No.105232/2023 is filed seeking the following prayer: - 10 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER “i) Issue a writ in the nature of certiorari thereby quashing the Impugned notification bearing No. Kra.Sam.N.S.T.C.R-09/2023-24 dated 01-08- 2023 issued passed by the respondent as at Annexure-A in the interest of justice and Equity. ii) Issue any other order, writ or direction as this Honble court deems fit in view of the facts and circumstances of the case stated above in the interest of justice and equity.“ 3. Writ Petition No.105241/2023 is filed seeking the following prayers: “a) Quash the impugned tender notification dated 1-8-2023 bearing No.NSTCR- 09/2023-24 produced as Annexure-C issued by the Respondent by issue of writ of certiorari or any other suitable writ or order or directions. b) Grant such other reliefs as this Hon’ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity.” 4. Writ Petition No.105318/2023 is filed seeking the following prayers: “a. A writ in the nature of certiorari or any other writ or order or direction quashing the notification dt. 1.8.2023 bearing No.N.S.T.C.R 09/23-24 issued by the respondent No.5 produced as Annexure-A. - 11 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER b. Such other writ or order or direction as deems fit under the facts and circumstance of the case, including an order for costs may kindly be passed, in the interest of justice and equity.” 5. All these writ petitions are filed questioning the auction notification that is issued by the Deputy Commissioner. Hence, the writ petitions are disposed off by way of a common order. 6. The case of the petitioner in Writ Petition No.105242/2023 is that the petitioner is the Dharmik Parishad of Shri Jogulabhavi Satyamma Devi Devasthan, Saundatti and the other petitioners are its members, whose families and ancestors have constructed the temple and have been performing pooja to the deity for the past more than 70 years. It is the case that, right from 1976 they have been performing the pooja to the deity, conducting lease auction of the pooja rights and have been sincerely depositing the auction amount every year without any default. Now, it is the grievance of the petitioners that the respondent No.1, who is the Deputy Commissioner and the President of Navalgund Shirasangi Trust, Belagavi has issued the notification dated 01.08.2023 calling for tenders from eligible - 12 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER persons for auctioning the leasehold rights of the shops situated within the temple premises and also auctioning the pooja rights pertaining to the temple. It is the case of the petitioners that, according to them, it is a private temple and the Deputy Commissioner has no authority to interfere with the activities of a private temple. Hence, they are before this Court questioning the said notification issued by the Deputy Commissioner. 7. The case of the petitioners in WP Nos.105232 and 105241 of 2023 is that they are selling coconuts in the shops situated within the premises of the temple and are questioning the said notification issued by the Deputy Commissioner. 8. The petitioner in WP No.105318/2023 has also questioned the said tender notification. According to him, the eligibility criteria is not correct. It is said that he is also disputing the ownership of the Trust. 9. The learned counsel appearing for the respondents submits that the temple is a private Trust and the Deputy Commissioner is the ex-officio member. Right from the order of the Privy Council, there are several materials to show that the - 13 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER temple belonged to the Trust and in the capacity of the ex-officio member of the Trust, the notification is issued by the Deputy Commissioner. It is a submission of the learned counsel appearing for the respondents that if the petitioners are disputing the ownership of the said temple, they have to go before the Civil Court and file an appropriate suit. It is submitted that, in fact, the petitioners in WP Nos.105242 and 105241 of 2023 have already filed a suit against the Trust and the same is compromised. It is submitted that the present writ petitions are not maintainable before this Court. It is further submitted that, by virtue of the Will dated 06.06.1906, the probate was granted in the year 1909. 10. Learned Additional Government Advocate submits that the notification was issued in the capacity of an ex-officio member of the Trust and not in the capacity of the Deputy Commissioner of the Endowment Department. 11. Having heard the counsels on either side, perused the material on record. If the petitioners are aggrieved by any action or inaction on the part of the Deputy Commissioner, no doubt writ petition is maintainable before this Court. Here, the - 14 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER admitted facts, as per the petitioners are that, it is a private temple. It is an admitted fact on behalf of the respondents that it is a private Trust. When the dispute is between two persons with regard to a particular temple and their rights, their remedy is not before this Court, but before the Competent Court, where they can have an effective adjudication of their disputes. No doubt, the notification shows that it is issued by the Deputy Commissioner and also the President of Navalgund Shirasangi Trust, Belagavi. When he is acting as an ex-officio member under the President of Navalgund Shirasangi Trust, the notification should not have been mentioned as Deputy Commissioner, as it gives the impression that it is on behalf of the Endowment Department such a notification is given by the Deputy Commissioner. 12. The petitioners in WP No.105242/2023 have sought two reliefs. One is to quash the tender notification and the second relief is to refund the entire amount collected illegally without any authority along with appropriate interest. As far as the first relief is concerned, concerning the manner in which the notification is issued, the notification needs to be set aside. - 15 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER However, coming to the second relief, this Court cannot pass any order as to whether the said temple belongs to the petitioners or the said temple belongs to the second respondent, as it is a disputed question of fact which is yet to be adjudicated in a petition to be filed by the aggrieved party. Hence, the petitioners are not entitled for the second relief. 13. Then coming to the other reliefs in the writ petitions i.e., WP Nos.105232 and 105241 of 2023 are concerned, as this Court is already setting aside the notification, no further adjudication on these writ petitions is required. 14. Then coming to WP 105318/2023, the petitioner is before this Court on two grounds. One is that the amount and the conditions that are fixed by the respondents are not appropriate and the fifth respondent is not the owner of the property, has no right to conduct the auction. Whether the fifth respondent is the owner of the property or not, cannot be decided by this Court and the petitioner cannot question the terms and conditions of the tender. On both these grounds, the petitioner cannot succeed before this Court. Accordingly, this Court is passing the following: - 16 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER ORDER (i) Accordingly, Writ Petition No.105242/2023 is allowed to the extent that the impugned tender notification dated 01.08.2023 is set aside and it is left open to the respondent/Sardesai Navalgund Shirasangi Charitable Trust Fund Committee to issue the notification in the capacity of the President of the Trust. (ii) The prayer with regard to refund of the amount is concerned, it is left open to the petitioners to seek the appropriate remedy before the competent Court. (iii) If the petitioners are questioning the Trust’s right over the temple, they are at liberty to avail the appropriate remedy. (iv) Writ Petition No.105232/2023 and WP No.105241/2023 are disposed off and the auction notification dated 01.08.2023 is set aside giving liberty to the petitioners to avail the appropriate remedy. The respondent/Trust is at liberty to issue the notification in the capacity of the President of the Trust. - 17 - HC-KAR NC: 2026:KHC-D:76 WP No. 105242 of 2023 C/W WP No. 105232 of 2023 WP No. 105241 of 2023 AND 1 OTHER (v) Writ Petition No.105318/2023 is disposed off giving liberty to avail the appropriate remedy in accordance with law. (vi) All contentions of the parties are left open and this Court has not expressed any opinion on the merits of the matter, but only considered on the maintainability of the writ petitions before the Court. All pending I.As. in the writ petitions shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 1 Sl No.: 20