HIS HOLINESS SRI SRI VIDYA PRASANNA THIRTHA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WA 319/2019
- 1 -
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2021
PRESENT
THE HON9BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON9BLE MS. JUSTICE J.M.KHAZI
WRIT APPEAL No.319/2019 c/w
WRIT APPEAL No.321/2019,
WRIT APPEAL No.322/2019 (LA-RES)
IN W.A. No.319/2019
BETWEEN:
HIS HOLINESS SRI SRI VIDYA
PRASANNA THIRTHA SWAMIJI,
PEETADHIPATHI,
JAGADGURU SRI MAHAWACHARYA
MAHA SAMSTHANAM,
SRI SAMPUTA NARASIMHA SWAMI
SRI SUBRAHMANYA MUTHA,
SUBRAHMANYA - 574 238,
SULLIA TALUK, DAKSHINA KANNADA,
REP. BY ITS GPA HOLDER
SRI. S.R. PRASANNA.
... APPELLANT
(BY SRI UDAYA PRAKASH MULIYA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001,
REPRESENTED BY ITS SECRETARY.
2.
THE DEPUTY COMMISSIONER,
MANGALURU - 575 008.
DAKSHINA KANNADA DISTRICT.
3.
THE LAND ACQUISITION OFFICER,
MANGALURU - 575 008
- 2 -
DAKSHINA KANNADA DISTRICT.
4.
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA - 574 238
SULYA TALUK, D.K.DISTRICT
REP. BY ITS EXECUTIVE OFFICER.
... RESPONDENTS
(BY SRI. K.N. PHANEENDRA, SENIOR COUNSEL FOR VAISHALI
HEGDE, ADVOCATE FOR C/R-4; SMT. VANI H., AGA FOR R-1 TO
R-3)
*****
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS
APPEAL AND SET ASIDE THE ORDER OF THE LEARNED SINGLE
JUDGE DATED 02/01/2019 IN W.P.No.11221/2015 (LA-RES)
AND W.P.Nos.12883-889/2015 (LA-RES), AND CONSEQUENTLY
ALLOW THE WRIT PETITION FILED BY THE APPELLANT.
IN W.A. No.321/2019
BETWEEN:
1.
SMT. PRABAVATHI
W/O. LATE SUBRAMANYA SHARMA,
AGED ABOUT 65 YEARS,
2.
VASANTHA SHARMA
W/O. LATE SUBRAMANYA SHARMA,
AGED ABOUT 43 YEARS,
3.
SMT. K.S. SAVITHA
W/O. K.G. MADHU,
AGED ABOUT 40 YEARS,
ALL ARE RESIDING AT
ADISUBRAMANYA,
SUBRAMANYA VILLAGE,
SULYA TALUK, DAKSHINA
KANNADA DISTRICT - 578 238.
4.
SMT. KUSUMA
W/O. B.S. RAGHAVENDRA,
AGED ABOUT 38 YEARS,
R/AT DOOR NO.25,
- 3 -
NARAYANA LAYOUT,
5TH MAIN ROAD,
HOSKEREHALLI, BSK III PHASE,
BANGALORE - 560 085.
... APPELLANTS
(BY SRI S.V. SHASTRI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY,
LAND ACQUISITION, M.S.BUILDING,
BANGALORE - 560 001.
2.
THE ASST. COMMISSIONER
AND LAND ACQUISITION OFFICER,
PUTTUR, DAKSHINA KANNADA,
DAKSHINA KANNADA DISTRICT - 574 238.
3.
KUKKE SRI SUBRAMANYA TEMPLE
SUBRAMANYA, SULYA TALUK,
DHAKSHINA KANNADA DISTRICT - 574 238.
REPRESENTED BY ITS
EXECUTIVE OFFICER.
... RESPONDENTS
(BY SRI K.N. PHANEENDRA, SENIOR COUNSEL FOR VAISHALI
HEGDE,
ADVOCATE
FOR
C/R-3;
SMT.
VANI
H., ADDL.
GOVERNMENT ADVOCATE FOR R-1 & R-2)
*****
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO PASS AN ORDER BY
SETTING ASIDE THE ORDER PASSED BY THE LEARNED SINGLE
JUDGE, IN WRIT PETITION NO.8216/2015 DATED 02/01/2019
AND ALLOW THE WRIT APPEALS WITH EXEMPLARY COSTS.
IN W.A. No.322/2019
BETWEEN:
1.
SRI. A. SUBRAMANYA RAO
S/O. A. NARAYAN RAO
AGED ABOUT 48 YEARS,
RESIDING AT <SARADA NILAYA=
NOORCHILA, SUBRAMANYA VILLAGE,
PANJA HOBLI, SULYA TALUK,
- 4 -
DAKSHINA KANNADA - 574 238.
2.
SMT. JANAKI
S/O. H.L. VENKATESH
AGED ABOUT 39 YEARS,
RESIDING AT <KUKKESHREE NILAYA=
SUBRAMANYA VILLAGE,
PANJA HOBLI, SULYA TALUK,
DAKSHINA KANNADA - 574 238.
... APPELLANTS
(BY SRI S.V. SHASTRI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY
LAND ACQUISITION,
M.S.BUILDING,
BANGALORE - 560 001.
2.
THE ASST. COMMISSIONER
AND LAND ACQUISITION OFFICER,
PUTTUR, DAKSHINA KANNADA,
DAKSHINA KANNADA DIST. - 574 238.
3.
KUKKE SRI SUBRAMANYA TEMPLE
SUBRAMANYA, SULYA TALUK,
DAKSHINA KANNADA DIST. - 574 238.
REP. BY ITS EXECUTIVE OFFICER.
... RESPONDENTS
(BY SMT. VANI H., ADDL. GOVT. ADVOCATE FOR R-1 & R-2;
SRI. K.N. PHANEENDRA, SENIOR COUNSEL FOR VAISHALI
HEGDE, ADVOCATE FOR C/R-3)
*****
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO PASS ON ORDER BY
SETTING ASIDE THE ORDER PASS