IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.33089/2012(LR) BETWEEN 1. SRI V LAKSHMINARASIMHAIAH S/O LATE SRI VENKATAGIRIYAPPA, AGED ABOUT 72 YEARS, SINCE DEAD BY HIS LRS.
1(a). SMT. L. GIRIJA, AGED ABOUT 50 YEARS, D/O LATE V. LAKSHMINARASIMHAIAH, W/O SRI LOKESH, R/AT NO.17/4, NAIDU LAYOUT, JARAGANAHALLI, (AMENDED VIDE BENGALURU – 560 078. COURT ORDER DATED 19.01.2016) 1(b). SMT. L. ANNAPOORNA AGED ABOUT 47 YEARS, D/O LATE V. LAKSHMINARASIMHAIAH, W/O SRI RAMAMURTHY, R/AT T-AGRAHARA, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT.
1(c). SRI L. VASANTHAKUMAR AGED ABOUT 45 YEARS, S/O LATE V. LAKSHMINARASIMHAIAH, R/AT NO.60, OLD POST OFFICE ROAD, YELACHENAHALLI, BENGALURU - 560 078.
2. SRI V KRISHNAMURTHY S/O LATE VENKATAGIRIYAPPA AGED ABOUT 60 YEARS ARCHAKAS OF SRI PRASANA GANGADHARESHWARA SWAMY TEMPLE AND HANUMANTHADEVARU TEMPLE JARAGANAHALLI VILLAGE, UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE-560078 ... PETITIONERS (BY SRI H.V.DEVARAJU, ADVOCATE) AND 1. THE STATE OF KARNATAKA VIKASA SOUDHA AMBEDKAR VEEDHI BANGALORE-560001 REPRESENTED BY THE SECRETARY DEPARTMENT OF LAND REVENUE 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT K G ROAD, BANGALORE-560009 3. SRI PRASANA GANGADHARESHWARASWAMY TEMPLE, JARAGANAHALLI VILLAGE, UTTARAHALLI HOBLI BANGALORE SOUTH TALUK REPRESENTED BY ITS MUZARAI OFFICER THE TAHASILDAR BANGALORE SOUTH TALUK – 560 078 4. SRI ANJANEYASWAMY TEMPLE ALSO KNOWN AS HANUMANTHA DEVARU TEMPLE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK REPRESENTED BY ITS MUZARAI OFFICER THE TAHASILDAR BANGALORE SOUTH TALUK – 560 078 5. SRI HANUMANTHAPPA S/O LATE SRI GUNDUMUNIYAPPA AGED ABOUT 82 YEARS S M KALYANA MANTAPA ROAD JARAGANAHALLI VILALGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK – 560 078 6. SRI CHINNAMUNIYAPPA S/O LATE SRI GANGAPPA AGED ABOUT 75 YEARS JARAGANAHALLI VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK – 560 078 ...RESPONDENTS (BY SRI B.S.BUDIHAL, HCGP FOR R1 TO R4, SRI M NARAYANA REDDY AND SRI H.ARAVIND REDDY, ADVOCATES FOR R5;
R6 IS SERVED BUT REMAINED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANN-T THE ORDER DT.20.7.2012 & ANN-L ORDER DT.7.2.2005 BOTH ON THE FILE OF THE R2, BY ISSUE OF A WRIT OF CERTIORARI AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are impugning the final order dated 20.07.2012 passed in proceedings No.INA.CR.02/2001-02 on the file of the second respondent, Deputy Commissioner, Bengaluru District, and also the interim order granted in the very same proceedings on 07.02.2005, which are respectively at Annexures ‘T’ and ‘L’ to this petition.
2. Admittedly, petitioners in this proceedings are the legal heirs of one Venkatagiriyappa, who was said to be Archak of respondent Nos.3 and 4, Temples. Admittedly, respondent No.3 – Sri Prasana Gangadhareshwaraswamy Temple was the owner of land measuring to an extent of 02 Acres 25 guntas in Sy. No.3/1 of Jaraganahalli, Uttarahalli hobli, whereas respondent No.4 – Sri Anjaneyaswamy Temple, which is considered as a muzarai temple, was owner of 23 guntas of land in Sy.No.39 of the very same village.
3. Heard learned counsel for petitioners, learned counsel for respondent No.5 and learned High Court Government Pleader for respondent Nos.1 to 4.
4. Admittedly, two applications came to be filed before the second respondent, who is competent authority, to consider grant of occupancy right in respect of Devadaya inam land, which was standing in the name of respondent Nos.3 and 4 – Temple. Two applications, which are filed by respondent No.5 – Sri Hanumanthappa seeking occupancy right in respect of 01 Acre 25 guntas in Sy. No.72/1, which is land belonging to respondent No.3 and he also filed an application seeking occupancy right in respect of 23 guntas of land in Sy. No.39. So far as respondent No.6 – Sri. Chinnamuniyappa is concerned, he was applicant to an extent of 01 Acre in Sy. No.72/1, which was devadaya inam land of respondent No.3 in the proceedings before the second respondent.
5. The application of respondent Nos.5 and 6 are considered for re-grant of 01 Acre in Sy. No.72/1 to respondent No.6 and 01 Acre 25 guntas to respondent No.5 in land bearing Sy.No.72/2 and simultaneously granting another 23 guntas to the very same respondent No.5, which is devadaya inam land of AnjaneyaSwamy temple. The said order was passed in proceedings No.INA.CR.02/2001-02 on the file of the Deputy Commissioner, Bengaluru District, pursuant to Section 5A of the Mysore (Religious and Charitable) Inams Abolition Act, 1955. The said order is under challenge in this petition on the ground that the petitioners herein being Archaks of both the Temples are entitled to seek occupancy right in respect of the said lands.
6. The aforesaid contention is not accepted by the Deputy Commissioner on the premise that when the job of the first petitioner herein is that of conducting of pooja in the aforesaid two Temples, namely respondent Nos.3 and 4, in this proceedings, his contention is that he was also personally cultivating the land cannot be accepted, which appears to be true. Therefore, this Court is of the considered opinion that the order of grant, which is with reference to 02 Acres 25 guntas in the names of respondent Nos.5 and 6 and to an extent of 01 Acre to respondent No.6 and also grant of 01 Acre 25 guntas to respondent No.5 does not call for interference in this proceedings.
7. However, with reference to 23 guntas of land in Sy. No.39 which belongs to AnjaneyaSwamy Temple, which is Mujarai Temple, is concerned the question of accepting that the same was under the cultivation of respondent No.5 in the absence of any document to demonstrate the tenancy right being created in his favour, cannot be accepted.
8. In the light of aforesaid discussion, the order impugned dated 20.07.2012 passed in INA.CR.2/2001-02 in conferring the occupancy right in respect of 23 guntas of land in Sy. No.39 situate at Jaraganahalli village in favour of respondent No.5 – Sri Hanumanthappa is hereby set aside. The Government is directed to take possession of the said land as it was the land belonging to Temple and the same shall be reserved to the Temple. With such observations, this Writ Petition is disposed of.
9. Learned High Court Government Pleader is directed to file memo of appearance within two weeks.
Sd/- JUDGE Sma