- 1 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 844 OF 2025 (LR) BETWEEN: 1. EXECUTIVE OFFICER MELUKOTE SRI CHELUVANARAYANASWAMY TEMPLE MELUKOTE TOWN PANDAVAPURA TALUK MANDYA DISTRICT-571431 …APPELLANT (BY SRI V SRINIVASA RAGHAVAN, SENIOR ADVOCATE FOR SRI HITTINHALLI VARSHA DILIP, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH ITS CHIEF SECRETARY GOVT. OF KARNATAKA VIDHAN SOUDHA BENGALURU - 560001 2. THE LAND TRIBUNAL MYSURU TAHSILDAR OFFICE - MYSURU MANANTHAVADI RD MYSURU - 570008 REP BY SECRETARY Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 3. TAHSILDAR - MYSURU MANANTHAVADI RD MYSURU - 570008 4. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU - 570005 5. THE ASSISTANT COMMISSIONER MYSURU DISTRICT MYSURU - 570005 6. SRI RAMAIAH AGED ABOUT 83 YEARS SON OF LATE CHEEYAPPA RESIDING AT KAMANAKERE HUNDI VILLAGE KASABA HOBLI MYSURU TALUK MYSURU DISTRICT - 570007 AADHAR NO.5984 1807 4760 7. SMT. MANJULA K R AGED ABOUT 50 YEARS DAUGHTER OF SRI RAMAIAH AADHAR NO.9364 0793 5202 8. SRI PRUTHVI GOWDA A N AGED ABOUT 26 YEARS SON OF NAGENDRA A R AADHAR NO.7165 3637 1240 9. MS. SINCHANA A N AGED ABOUT 23 YEARS DAUGHTER OF NAGENDRA A R AADHAR NO.4545 9631 6810 RESPONDENT NOS. 7 TO 9 ARE RESIDING AT CHUNCHEGOWDA STREET ARAKERE VILLAGE - 3 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 SRIRANGAPATNA TALUK MANDYA DISTRICT - 571415 10. SRI R SRINIVASA AGED ABOUT 50 YEARS SON OF SRI RAMAIAH AADHAR NO.7726 4315 1693 11. MS. PRIYADARSHINI AGED ABOUT 18 YEARS DAUGHTER OF SRI R SRINIVASA AADHAR NO.3813 8754 9782 12. KUM. SHREYASHWINI AGED ABOUT 16 YEARS DAUGHTER OF SRI R SRINIVASA AADHAR NO.8482 9324 2546 SINCE MINOR REPRESENTED BY FATHER/NATURAL GUARDIAN SRI R SRINIVASA 13. SMT. MANI R AGED ABOUT 45 YEARS WIFE OF SRI VIJENDRA DAUGHTER OF SRI RAMAIAH AADHAR NO.2737 1367 9530 14. SRI ROHAN GOWDA V AGED ABOUT 22 YEARS SON OF VIJENDRA AADHAR NO.3144 9599 7146 15. SRI TEJAS GOWDA V AGED ABOUT 18 YEARS SON OF VIJENDRA AADHAR NO.5525 7946 5579 16. SRI RAMALINGU AGED ABOUT 66 YEARS SON OF LATE HANUMAIAH AADHAR NO.8037 0119 2254 - 4 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 17. SRI CHANDRASHEKAR R AGED ABOUT 28 YEARS SON OF SRI RAMALINGU AADHAR NO.3244 8715 4482 18. SMT. SAVITHRAMMA AGED ABOUT 61 YEARS WIFE OF LATE RAMEGOWDA DAUGHTER OF LATE HANUMAIAH AADHAR NO.7036 5274 6546 19. SRI VASANTHA KUMAR AGED ABOUT 41 YEARS SON OF LATE RAMEGOWDA AADHAR NO.6121 9627 8083 20. SRI ANANTHARAMU AGED ABOUT 39 YEARS SON OF LATE RAMU AADHAR NO.3281 5322 4258 21. SMT. VARALAKSHMI AGED ABOUT 37 YEARS WIFE OF KRISHNA AADHAR NO.8885 5047 7310 RESPONDENT NOS.10 TO 21 ARE RESIDING AT KAMANAKERE HUNDI VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT-570026 22. SMT. GAYATHRI AGED ABOUT 56 YEARS WIFE OF LATE LINGARAJU DAUGHTER OF LATE PUTTASWAMY RESIDING AT NO.13/C 2ND CROSS, TANK ROAD N.R. MOHALLA MYSURU - 570007 AADHAR NO.6526 9921 9174 - 5 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 23. SMT. BHUVANESHWARI AGED ABOUT 41 YEARS WIFE OF K N MAHESHA RESIDING AT KADATHANALU PANDAVAPURA R S SRIRANGAPATNA MANDYA DISTRICT - 571435 AADHAR NO.6430 2899 8546 24. SRI L MANJUNATHA AGED ABOUT 38 YEARS SON OF LATE LINGARAJU RESIDING AT NO.13/C 2ND CROSS, TANK ROAD N R MOHALLA MYSURU - 570007 AADHAR NO.6664 0739 6883 25. SRI NAGESHA AGED ABOUT 56 YEARS SON OF LATE PUTTASWAMY 26. SRI RAJESH N AGED ABOUT 31 YEARS SON OF SRI NAGESHA AADHAR NO.4180 8362 0798 27. SRI CHANDRA AGED ABOUT 28 YEARS SON OF SRI NAGESHA AADHAR NO.6903 4998 0182 28. SRI YASHWANTH AGED ABOUT 26 YEARS SON OF SRI NAGESHA AADHAR NO.6808 4890 8559 29. SRI ASHOKA AGED ABOUT 54 YEARS SON OF LATE PUTTASWAMY AADHAR NO.2830 9145 9563 - 6 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 RESPONDENT NOS.25 TO 29 ARE RESIDING AT KAMANAKERE HUNDI VILLAGE KASABA HOBLI MYSURU TALUK MYSURU DISTRICT - 570026 30. MS. GAGANA AGED ABOUT 24 YEARS DAUGHTER OF SRI ASHOKA RESIDING AT NO.13/3 2ND CROSS, TANK ROAD N R MOHALLA MYSURU - 570007 AADHAR NO.2067 8704 8380 31. MS. PAVANA AGED ABOUT 18 YEARS DAUGHTER OF SRI ASHOKA RESIDING AT KAMANAKERE HUNDI VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570007 AADHAR NO.6618 8181 2041 32. SMT. SUMATHI AGED ABOUT 51 YEARS WIFE OF DEVARAJU K DAUGHTER OF LATE PUTTASWAMY RESIDING AT NO.705, 3RD CROSS SHANKARPURA, K.R. PETE MANDYA DISTRICT - 571426 AADHAR NO.5607 8468 5806 33. SMT. POORNIMA AGED ABOUT 23 YEARS WIFE OF PRATHAPA B N RESIDING AT LAKSHMINARASIMHA SWAMY NILAYA NMC 4TH CROSS HOSAMANE BHADRAVATHI - 7 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 SHIVAMOGGA DISTRICT - 577245 AADHAR NO.9336 3356 3767 34. MASTER. PRAJWAL AGED ABOUT 17 YEARS SON OF DEVARAJU RESIDING AT 4TH CROSS BENNE KALAIAH RICE MILL SHANKARAPURA MANDYA DISTRICT - 571419 AADHAR NO.5585 9841 4881 SINCE MINOR REPRESENTED BY MOTHER/NATURAL GUARDIAN SMT. SUMATHI 35. SMT. CHELUVAMMA AGED ABOUT 79 YEARS WIFE OF LATE KEMPAIAH @ KEMPEGOWDA AADHAR NO.2958 7613 2685 36. SMT. NINGAMMA AGED ABOUT 61 YEARS DAUGHTER OF LATE KEMPAIAH @ KEMPEGOWDA AADHAR NO.6159 3222 3533 37. KUM. RUKMINI AGED ABOUT 58 YEARS DAUGHTER OF LATE KEMPAIAH @ KEMPEGOWDA AADHAR NO.9530 4222 2587 38. SMT. RENUKA AGED ABOUT 48 YEARS WIFE OF LATE DINESHA AADHAR NO.9199 6381 3256 RESPONDENT NOS.35 TO 38 ARE RESIDING AT KAMANAKERE HUNDI VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570026 - 8 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 39. SMT. KAVITHA K D AGED ABOUT 34 YEARS WIFE OF MAHENDRA P DAUGHTER OF LATE DINESHA RESIDING AT KADUKOTANAHALLI C A KERE HOBLI, MADDUR TALUK MANDYA DISTRICT - 571428 AADHAR NO.9301 8887 8662 40. SRI KARTHIK AGED ABOUT 30 YEARS SON OF LATE DINESHA AADHAR NO.2255 3202 7871 41. KUMARI. NAGARATHNA AGED ABOUT 46 YEARS DAUGHTER OF LATE KEMPAIAH @ KEMPEGOWDA AADHAR NO.8750 6324 3535 42. SRI NAGESHA AGED ABOUT 52 YEARS SON OF LATE KEMPAIAH @ KEMPEGOWDA AADHAR NO.6807 7201 9037 43. SRI SWAROOP N AGED ABOUT 25 YEARS SON OF SRI NAGESH AADHAR NO.3946 0652 2620 44. MS. PRAPHULLA AGED ABOUT 22 YEARS DAUGHTER OF SRI NAGESH AADHAR NO.6805 7045 2793 RESPONDENT NOS.40 TO 44 ARE RESIDING AT KAMANAKERE HUNDI VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570026 - 9 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 45. SRI SATISH BABU EPURU AGED ABOUT 46 YEARS SON OF E VEDAGIRI REDDY RESIDING AT NO.204, 2ND FLOOR BALAKRISHNA RAO ROAD GANESH RESIDENCY, CHAMARAJAPURAM MYSURU - 570005 AADHAR NO.6136 6595 6090 46. SRI CHIKKAHATTI BOREGOWDA MAJOR IN AGE NAGUNAHALLI, H D KOTE TALUK MYSURU DISTRICT-571114 47. SMT. DEVAMMA MAJOR IN AGE CARE OF GOVINDAPPA JAMEENDHAR SRIRANGAPATANA TALUK MYSURU DISTRICT-571438 48. SRI B VENKATESHIAH MAJOR IN AGE S/O GOSE GOWDA NO.92, NAGUNAHALLI SRIRANGAPATANA TALUK MYSURU DISTRICT-571438 …RESPONDENTS (BY SRI MOHAMMAD JAFFAR SHAH, AGA FOR R-1 TO R-5; SRI P N MANMOHAN, ADVOCATE FOR C/R-16, R-18, R-22, R-25, R-29, R-32, R-36 TO R-42 & R-45) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 21.04.2025 IN W.P.NO.29343/2024 PASSED BY THE - 10 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 LEARNED SINGLE JUDGE AND CONSEQUENTLY, ALLOW W.P. NO.29343/2024 AS PRAYED FOR THEREIN. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra Court appeal has been filed by the appellant/petitioner impugning the judgment and order dated 21.04.2025 passed by the learned Single Judge in W.P.No.29343/2024. 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. The petitioner is the Executive Officer for Sri Cheluvanarayanaswamy Temple, Melukote, Mandya District, appointed under the Hindu Religious Institutions and Charitable Endowments Act, 1997. The said temple is a notified religious institution coming under the management and control of the - 11 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 Endowment Department of the State Government. The temple was previously governed under the Karnataka Religious and Charitable Institutions Act, 1927 and now, it is being governed under the Hindu Religious Institutions and Charitable Endowments Act, 1997. 4. The temple is a Category 'A' notified institution with an ancient history and place of great faith and belief. The temple is known for the Vairamudi festival where the presiding deity is adorned with jewels and taken on procession, which attracts lakhs of devotees every year. The temple holds great religious importance for the devotees. The devotees have endowed lands and other properties to the temple. 5. The petitioner has filed the aforesaid writ petition impugning the order dated 17.06.1976 passed by the Land Tribunal, Mysuru, conferring occupancy rights of lands in Sy.No.396 measuring 1 acre 14 guntas (later re-numbered as Sy.No.396/2), Sy.No.397 measuring 4 acres 06 guntas (later re-numbered as Sy.No.397/2), Sy.No.398 measuring 3 acres 34 guntas, Sy.No.399 measuring 23 guntas all situated at Kesare Village, Mysuru Taluk, Mysuru District. The petitioner - 12 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 has also challenged Form No.10 dated 19.02.2002 issued by the Tahsildar in respect of the order which was allegedly passed on 17.06.1976. The petitioner also sought the relief for mutating the revenue records in relation to the said properties in favour of the presiding deity and for striking off the names of the respondent Nos.6 to 45 from the revenue records. 6. The respondent No.6 is one of the persons in whose favour allegedly the occupancy rights were conferred by the Land Tribunal vide order dated 17.06.1976. The respondent Nos.7 to 44 are said to be the legal heirs of three other persons being Hanumaiah @ Cheeyappa who died on 06.11.2006, Kempaiah @ Kempe Gowda who died on 06.01.1999and Puttuswamy who died on 15.11.2012 in whose favour, along with the respondent No.6, the Tribunal issued the order dated 17.06.1976 conferring the occupancy rights under Section 48A of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Land Reforms Act'). 7. The respondent Nos.6 to 44 had executed a registered Sale Deed dated 28.05.2024 purporting to convey the aforesaid lands in favour of the respondent No.45. - 13 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 8. A complaint was received by the Deputy Commissioner, Mandya on 12.10.2023 bringing to his notice that the temple was endowed with the lands in Sy.No.396 measuring 4 acres 21 guntas, Sy.No.397 measuring 4 acres 11 guntas, Sy.No.398 measuring 5 acres 12 guntas and Sy.No.399 measuring 5 acres 23 guntas all situated at Kesare Village, Mysuru Taluk, Mysuru District and that, certain land grabbers were attempting to usurp the said lands. 9. The Deputy Commissioner, Mandya, vide order dated 20.11.2023, constituted a Special Committee to look into and examine the ownership of the temple over the said lands and asked the Special Committee to submit a detailed report. The Special Committee comprised of Sub-Divisional Officer, Mandya, Sub-Divisional Tahsildar, Pandavapura Taluk, Tahsildar, Religious and Charitable Department, Mandya and the Assistant to the Deputy Commissioner, Mandya. The Special Committee submitted a detailed report dated 09.01.2024. - 14 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 10. The Special Committee held that the said lands were endowed in favour of and owned by the temple as would be evident from the Record of Rights and Index of Lands. For long time, the name of the temple was appearing as the owner of the said lands. However, Form No.10 came to be issued by the Tahsildar-respondent No.3 on 19.02.2022 on the basis of which, the mutation entries in relation to the said lands got changed. Even from the records of the Land Tribunal, it could be seen that the temple was not shown as the owner of the said lands and the names of some third parties i.e., Smt. Devamma and Sri Venkatesaya were shown as the owners of the said lands. 11. The Special Committee also recorded that the numbers corresponding to the survey numbers of the lands in question seem to have been inserted into the records on a later date. On an examination of the order sheet of the Land Tribunal in the proceedings, in relation to the application by Sri Kempaiah, the initial order only refers to certain other survey numbers, not being the lands in question. However, surprisingly, all of a - 15 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 sudden, in the later entries, the numbers corresponding to the survey numbers of the lands in question were inserted. The Committee further recorded that the entire process and documents appeared to be suspicious and smelled fraud and collusion. 12. It was also recorded by the Special Committee that no notice was ever issued to the temple in relation to the Tribunal proceedings for granting occupancy rights. On examination of the RTCs of the years 1969 to 1975, the name of the temple was recorded as the owner of the said lands. Yet, no notice was issued to the temple by the Land Tribunal prior to passing of the order dated 17.06.1976. 13. It may also be noted that Form No.10 was issued after lapse of 26 years from the date when the Tribunal passed the order on 17.06.1976 allegedly conferring the occupancy rights and this itself would indicate suspicion regarding the order and fraud played in changing the revenue entries striking off the name of the temple/deity as the owner of the lands in question. - 16 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 14. When the name of the temple/deity was mentioned as the owner of the lands in the RTCs for the period from 1969 to 1975, the entire proceedings before the Tribunal and the order passed thereon is nothing but a nullity. Prima facie, it appears that the entire proceedings were fraudulent acts in collusion with the revenue officials. 15. The learned Single Judge has, however, omitted to take note of the facts that the owner of the lands was shown to be the temple/deity and the lands would have come to the ownership of the temple on the basis of the endowment made by its original owners, who were the businessmen, which is evident from the RTCs. 16. The learned Single Judge has failed to take note of the fact that the temple was not a party before the Tribunal, though the ownership of the lands was shown in the name of the temple before 01.03.1974. The learned Single Judge has also failed to take note of the fact that Form No.10 was issued after 26 years from the date of the alleged order passed by the Tribunal in 1976 and dismissed the writ petition only on the ground that the order dated 17.6.1976 came to be challenged - 17 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 nearly after 50 years. It is well settled law that fraud vitiates every proceedings. If the order was obtained by playing fraud and without even notice to the temple authorities, the order becomes unsustainable and the delay in approaching the Court challenging the said order in view of the findings recorded by the Special Committee constituted by the Deputy Commissioner would point to the fraud played in obtaining the order. We are, therefore, of the view that the impugned judgment and order passed by the learned Single Judge is unsustainable. 17. Resultantly, the writ appeal is allowed. The impugned judgment and order dated 21.04.2025 passed by the learned Single Judge as well as the order dated 17.06.1976 passed by the Land Tribunal and also Form No.10 are set aside. The matter is remanded back to the Land Tribunal for a decision afresh on the application filed under Form No.7. The Land Tribunal should issue notice to the appellant/petitioner and other interested parties and proceed with the matter expeditiously in accordance with the law. The Land Tribunal should decide the issue afresh within a period of six months. - 18 - HC-KAR NC: 2026:KHC:9604-DB WA No. 844 of 2025 18. The parties are directed to maintain status quo as on today and shall not alienate or create any third party right till the proceedings are finally decided, on remand. 19. All contentions of the parties are kept open. SD/- (D K SINGH) JUDGE SD/- (S RACHAIAH) JUDGE BKV List No.: 1 Sl No.: 2