IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.54807/2017(GM-R/C) BETWEEN:
SRI.S.D.MUNIRAJU S/O DODDAGOPALAPPA, AGED ABOUT 34 YEARS, OFFICE AT NO.113, 1ST FLOOR, KURUBARA SANGHA BUILDING, GANDHINAGARA, BANGALORE – 01 ... PETITIONER (BY SRI.SRIKANTH N V, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, ENDOWMENT, M.S. BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001 2. COMMISSIONER FOR RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA, ALUR VENKATARAO ROAD, 4TH FLOOR, SRI MINTO ANJANEYA BHAVANA, CHAMARAJPET, BANGALORE – 560 018 (BY SRI.D.NAGARAJ, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 2ND RESPONDENT TO CONSIDER THE REPRESENTATION DTD.16.03.2017 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT AS PER ANNX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
O R D E R The prayer made by the petitioner in this writ petition is for issuance of writ of mandamus to the second respondent- Commissioner for Religious and Charitable Endowments in Karnataka to consider his representation Annexure-A dated 16th March, 2017 wherein he has requested Bruhat Bangalore Mahanagara Palike (‘BBMP’ for short) not to grant fresh lease or renew the lease of the property which was leased in favour of Sai Mandali and thereafter sold to the said Sai Mandali. This Court, in writ petition No.20792 of 2009 (SRI AJIT KALYAN v. STATE OF KARNATAKA AND OTHERS) has held sale in favour of Sai Mandali as illegal and the sale deed has been set aside.
Against the same, the third respondent-Sai Mandali preferred Special Leave Petition before the Hon’ble Supreme Court in SLP No.3268 of 2012, which has been dismissed by order dated 13th April 2016 and the order passed by this Court setting aside the sale made in favour of Sai Mandali has been confirmed. Since the sale made in favour of Sai Mandali was set aside by this Court and confirmed by the Hon’ble Supreme Court, further consideration of their case for renewal or for fresh lease does not arise and the same would be illegal. Hence, prayer is made by the petitioner seeking writ of mandamus directing the respondents to consider his representation.
2. The learned Government Advocate, on instruction from the Under Secretary to the Department who is present before the Court, submits that in view of the order passed by the Hon’ble Supreme Court confirming the order passed by this Court in Writ Petition No.20792 of 2009, the property in question has been taken back on 05th September 2018 and so far, the same is not granted or made over in favour of any other claimant. He also submits that if the same is done, it would be done only in accordance with law.
3. Placing on record the submission made by the learned Government Advocate that the property has been taken back and the lease has not been renewed or fresh lease granted to Sai Mandali or any other claimant and if the same is to be leased out it would be done only in accordance with law, this petition is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE lnn