Karnataka High Court
WA/1741/2024 of SRI MALAI MAHADESHWARASWAMY KSHETHRA DEVELOPMENT AUTHORITY Vs THE STATE OF KARNATAKA on 24 September 2026
CNR: KAHC010679132024 NC: 2026:KHC:52914-DB WA No. 1741 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT APPEAL NO.1741 OF 2024 (GM-R/C) BETWEEN: SRI
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA
WRIT APPEAL NO.1741 OF 2024 (GM-R/C)
BETWEEN:
SRI MALAI MAHADESHWARASWAMY KSHETHRA
DEVELOPMENT AUTHORITY
REP BY ITS DEPUTY SECRETARY
MAHADESHWARA HILLS,
KOLLEGALA TALUK,
CHAMARAJANAGAR DISTRICT-577201
REP. BY ITS DEPUTY SECRETARY
…APPELLANT
(BY SRI. CHANDRAKANTH R. GOULAY, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT OF REVENUE
(HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS)
M.S. BUILDING,
BANGALORE 560001
Digitally
signed by
PAVITHRA N
Location:
High Court of
Karnataka
HC-KAR
2.
THE COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS
DEPARTMENT 2ND FLOOR,
SRI MALE MAHADESHWARA VARTHA BHAVANA,
ALUR VENKATARAO ROAD
CHAMARAJAPET, BANGALORE-560018
3.
VIMOCHANA SANGHA
ATHANI TQ,
ATHANI DISTRICT BELGAUM
REP BY ITS JOINT SECRETARY
SRI SIDAGOUDA
S/O DUNDAPPAKOTABAGHI,
AGED ABOUT 32 YEARS
R/O CHIKKODI TQ,
CHIKKODI BELGAUM DISTRICT-561172
…RESPONDENTS
(BY SRI. N. SPOORTHY HEGDE, HCGP FOR R1 TO R2; SMT. SUMANGALA GACHCHINAMATH, ADV. FOR R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER MADE
IN WP No.11603/2017 DATED 02.09.2024 BY THE LEARNED
SINGLE JUDGE AND TO ALLOW THE SAID WP No.11603/2017
BY SETTING ASIDE THE ORDER/COMMUNICATION DATED
04.02.2017 ON MERITS.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE T.P.VIVEKANANDA
HC-KAR
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ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
We have heard the learned counsel appearing for the appellant.
2. The learned counsel appearing for the appellant submits that though the order under challenge is one passed in 2017, the reason for the writ petition having been filed in 2017 was because the Dharwad Bench of this Court in W.P.No.104303/2014 had issued a judgment on 06.02.2017 for an implementation of the same.
3. The learned counsel for the appellant would contend that though the predecessor-in-interest of the appellant was a party to the writ petition, no notice had been served and no proper opportunity had been granted for the said party to place its submissions on record.
4. The learned Government Advocate, on the other hand, contends that the facts of this matter have been considered by the learned Single Judge of this Court and that the matter has been considered on merits. It was also noticed by the learned Single Judge that the review petition filed by the
HC-KAR
petitioner against the order of the Co-ordinate Bench passed in W.P. No.104303//2014 is pending consideration. The dismissal of the writ petition is without prejudice to the contentions urged by the petitioner in the pending review petition.
5. Learned counsel for the appellant would submit that though the review petition had been dismissed for default on 06.02.2024, the same has been restored and is pending consideration.
6. In the above view of the matter, we are of the opinion that all contentions of the appellant herein are to be agitated in the said review petition and not in this appeal. The writ appeal is accordingly disposed of without prejudice to the contentions of the appellant and its rights to raise all contentions in the review petition filed.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (T.P.VIVEKANANDA) JUDGE
PN List No.: 1 Sl No.: 8