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2026 DAILYLAW 7701 (KAR)

SRI HONMESHGOWDA B R v. THE STATE OF KARNATAKA

WP/6407/2026 · 2026-02-26

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11974 WP No. 6407 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 6407 OF 2026 (GM-R/C) BETWEEN: SRI HONMESHGOWDA B R AGED ABOUT 49 YEARS, S/O LATE B.J.RAJGOPAL YAJAMAN OF BYADEGERE BANDI SRI HONNESHWARA SWAMY TEMPLE AT SHIVANAGERE R/A SHIVANAGERE, JAKKENAHALLI POST MADHUGIRI TALUK TUMKUR DISTRICT 572112. …PETITIONER (BY SRI. BHUVAN K.P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, BENGALURU 56001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABL ENDOWMENTS, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11974 WP No. 6407 of 2026 4TH FLOOR, MALAI MAHADESHWARA BUILDING, ALUR VENKATARAO ROAD, CHAMRAJPET, BENGALURU-560018. 3. THE DEPUTY COMMISSIONER, TUMKUR, DIST. TUMKUR-572102. 4. THE TAHSILDAR, MADHUGIRI, MADHIGIR TALUK, TUMKUR DISTRICT-572135. 5. THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAT, TUMKUR 572102. 6. THE EXECUTIVE OFFICER Z.P. MADHUGIRI TQ.MADHUGIRI DISTRICT TUMKUR-572102. 7. THE PANCHAYAT DEVELOPMENT OFFICER, SAJJEHOSAHALLI VILLAGE PANCHAYAT, DODDERI HOBLI, MADHUGIRI TALUK, TUMKUR DIST-572112. 8. SRI. G.S.RAMACHANDRASWAMY S/O LATE SHIVARAMAIAH AGED ABOUT 67 YEARS, YAJAMAN OF RAMANAHALLI BANDI SRI HONNESHWARA SWAMY TEMPLE, AT SHIVANAGERE R/O GULIGANAHALLI, KASABA HOBLI, SIRA TALUK, TUMKUR DISTRICT-572137. 9. SRI HONNESHWARA SWAMY JEERNODDARA SEVA SAMITHI (R) - 3 - HC-KAR NC: 2026:KHC:11974 WP No. 6407 of 2026 SHIVANAGERE, DODDERI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT, REPRESENTED BY ITS PRESIDENT SRI.J.MANJUNATH S/O JAVERAPPA AGED ABOUT 58 YEARS, R/A MUDDENADU VILLAGE, SIRA TQ. TUMKUR DISTRICT-572125. …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA FOR R1 to R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING THE RESPONDENTS TO DECLARE THAT THE PETITIONER AND OTHER 4 BANDIS HAVE EXCLUSIVE ADMINISTRATION RIGHTS OF THE TEMPLE SRI HONNESHWARA SWAMY AS YAJAMAN OF BYADAGERE BANDI; II) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PERMIT THE PETITIONER AND OTHER 4 BANDIS BEAING THE YAJAMANS OF THE TEMPLE TO ENOGARATE THE FUNCTION OF THE NEW TEMPLE ON 27.02.2026 TO 01.03.2026 AS PER ANNEXURE-A; III) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO PERMIT THE 9TH RESPONDENT TO ACT AS WHOLE AND SOLE ADMINISTRATOR OF "SRI HONNESHWARA SWAMY". THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:11974 WP No. 6407 of 2026 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner asserts he is from a family of Kunchittige community who have hereditary rights to oversee the affairs of Sri Honneshwara Swamy Temple [for short, 'the Temple'] at Shivanagere, Madhugiri Taluk, Tumakuru District. The petitioner seeks directions to the respondents to declare that he and four other Bandis as Yajaman of Byadagere Bandi have such exclusive right and participate in the consecration ceremonies of the Temple renovated and refurbished, with directions to the other respondents not to permit the ninth respondent to act as the Administrator. Sri Bhuvan K P, the learned counsel for the petitioner, when queried on the forum to declare certain rights, submits that the petitioner inevitably will have to avail alternative remedy that could be under the Karnataka Hindu Religious Institutions - 5 - HC-KAR NC: 2026:KHC:11974 WP No. 6407 of 2026 and Charitable Endowments Act, 1997. This Court is therefore not persuaded to interfere to make any declaration or issue any direction. At this stage, Sri K P Bhuvan submits that this Court may observe that with the consecration ceremony being held for the next three days starting from tomorrow, the petitioner can participate in the consecration ceremony. Sri B Ravindranath, a learned Additional Government Advocate, who is called upon to accept notice for the first to fourth respondents, is heard on this request. This Court cannot, when the petitioner's right is yet to be declared allow any participation that could undermine third party interest or create equities in favour of the petitioner, and the permission that can be must therefore be in this context. In the light of the afore, the following: - 6 - HC-KAR NC: 2026:KHC:11974 WP No. 6407 of 2026 ORDER [a] The petition stands disposed of without prejudice to the petitioner to avail alternative remedy for vindication of his right to be part of the management of Sri Honneshwara Swamy Temple at Shivanagere, Madhugiri Taluk, Tumakuru District. [b] The petitioner is permitted to be present on the occasion, but on the condition that he shall not assert any right. SD/- (B M SHYAM PRASAD) JUDGE AN/-