SHREE KUMARESHWAR VIRAKTAMATH v. THE STATE OF KARNATAKA
WP/100062/2026 · 2026-01-27
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 54100 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 54100 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:923 WP No. 100062 of 2026
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100062 OF 2026 (LB-RES)
BETWEEN:
SHREE KUMARESHWAR VIRAKTAMATH JEERNODDHAR SARVAJANIKA SEEVA TRUST BELAGALPET, TQ: HANAGAL, DISTRICT: HAVERI, REPRESENTED BY ITS TREASURER GADIGEPPA S/O. SHIVARAJAPPA KAMADOLLI, AGE: MAJOR, OCC: TRESURER, AT: BELAGALPET, TQ: HANAGAL, DISTRICT: HAVERI-581104. …PETITIONER (BY SRI. KIRANKUMAR S.CHATTIMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING, BENGALURU-1. 2. THE DEPUTY COMMISSIONER HAVERI, DIST: HAVERI-581110. 3. THE ZILLA PANCHAYAT HAVERI REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER-581110. 4. THE TALUK PANCHAYAT HANAGAL REP. BY ITS EXECUTIVE OFFICER, HANAGAL, HAVERI DISTRICT-581104. 5. THE TAHASILDAR HANAGAL HAVERI DISTRICT- 58110. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.02 09:57:40 +0530
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HC-KAR NC: 2026:KHC-D:923 WP No. 100062 of 2026
6. THE GRAM PANCHAYAT BELAGALPET REPRESENTED BY ITS PDO, AT. BELAGALPET, HANAGAL TALUK, HAVERI DISTRICT- 581104. 7. GURUSHIDDAPPA S/O. NISHIMAPPA DIDAGUR AGE: MAJOR, OCC: AGRICULTURE, R/O. BELAGALPET, TQ: HANAGAL, DIST: HAVERI-581104. 8. MOOKAPPA S/O. NISHIMAPPA TATTIMANI AGE: MAJOR, OCC: AGRICULTURE, R/O. BELAGALPET, TQ: HANAGAL, DIST: HAVERI-581104. 9. GANGADAR S/O. CHANNABASAPPA HUGGISHETTAR AGE: MAJOR, OCC: AGRICULTURE, R/O. BELAGALPET, TQ: HANAGAL, DIST: HAVERI-581104. 10. NINGAPPA S/O. NISHIMAPPA DIDAGUR AGE: MAJOR, OCC: AGRICULTURE, R/O. BELAGALPET, TQ: HANAGAL, DIST: HAVERI-581104. 11. MOOKAPPA S/O. NISHIMAPPA DIDAGUR AGE: MAJOR, OCC: AGRICULTURE, R/O. BELAGALPET, TQ: HANAGAL, DIST: HAVERI-581104. …RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1, R2 AND R5) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 6 TO NOT TO DISPOSSESS THE PETITIONER FROM THE SUIT PROPERTIES WITHOUT DUE PROCESS OF LAW; ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.6 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DATED 18.10.2025 VIDE ANNEXURE-F AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC-D:923 WP No. 100062 of 2026
CORAM:
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER
1. Learned Additional Government Advocate accepts notice for the respondent Nos.1, 2 and 5. 2.
The petitioner is seeking a writ of mandamus directing respondent Nos.2 to 6 not to dispossess the petitioner from the schedule property except in accordance with due process of law, and a further writ of mandamus directing respondent No.6 to consider the representation submitted by the petitioner dated 18.10.2025 (Annexure-F), which is stated to be pending consideration. 3. The case of the petitioner is that, it is a registered Trust constituted for the purpose of development of Sri.Kumareshwara Virakta Math and for maintenance of the non-agricultural properties belonging to the Mutt. 4. It is contended that respondent Nos.7 to 11 have submitted an application seeking entry of their names
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HC-KAR NC: 2026:KHC-D:923 WP No. 100062 of 2026
in Column No.6 of the revenue records as cultivators. The petitioner has filed objections opposing the said request and has specifically requested respondent No.2 not to enter the name of respondent Nos.7 to 11 in Column No.6 as cultivators. The petitioner apprehends that respondent No.2 may proceed to enter the names of respondent Nos.7 to 11, which may ultimately result in dispossession of the petitioner from the schedule property without due process of law. 5. At this stage, this Court finds that the writ petition is premature. Admittedly, the petitioner has already filed objections to the proposed entries sought by respondent Nos.7 to 11, and the competent authority has not yet passed any final order or endorsement. In the absence of any concluded decision, the apprehension expressed by the petitioner is speculative. - 5 -
HC-KAR NC: 2026:KHC-D:923 WP No. 100062 of 2026
6. In view of the above, the writ petition is not maintainable at this stage and is accordingly dismissed as premature. However, liberty is reserved to the petitioner to approach this Court at an appropriate stage, if any adverse order is passed by the competent authority. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 7