IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 59592 OF 2016 (LR)

BETWEEN:

1. SRI. S. C. RUDRAPPA SINCE DECEASED BY HIS LR., CHENNAPPA, S/O. LATE RUDRAPPA, AGED ABOUT 52 YEARS, R/AT SARAKKI VILLAGE, UTTARAHALLI, BANGALORE-560 061.

2. SRI. S.K. NATARAJ THE CONVENOR, SREE VEERABHADRASWAMY TEMPLE, SARAKKI, UTTARAHALLI, BANGALORE-560 061.

…PETITIONERS Digitally signed (BY SRI. SHARATH S GOWDA, ADVOCATE)

by PANKAJA S Location: HIGH AND:

COURT OF KARNATAKA

1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE SPECIAL DEPUTY COMMISSIONER-II BANGALORE SOUTH SUB-DIVISION, BANGALORE DISTRICT, BANGALORE-560 009.

3. THE SECRETARY LAND TRIBUNAL & THE SPECIAL TAHSILDAR, BENGALURU SOUTH TALUK, BENGALURU -560 009.

4. SREE VEERABHADRASWAMY TEMPLE REPRESENTED BY TAHSILDAR, BANGALORE SOUTH TALUK, BANGALORE-560 009. 5. SMT. GOWRAMMA W/O. K. NANJUNDAPPA, AGED MAJOR, 6. LINGARAJU S/O. LATE K. NANJUNDAPPA, AGED MAJOR, 7. KEMPANNA S/O. LATE K. NANJUNDAPPA, AGED MAJOR, 8. LINGAMMA D/O. LATE K. NANJUNDAPPA, AGED MAJOR, ALL ARE RESIDING AT NO.112, RAMA MANDIRA ROAD, SARAKKI VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 061.

…RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1-R4, SRI. JAGADEESHACHARI, ADVOCATE FOR R5, R6 & R8, SRI. B.R. VISHWANATH, ADVOCATE FOR R7)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.5.8.2016 PASSED BY THE R-2 SPECIAL DEPUTY COMMISSIONER II, THEREBY GRANTING OCCUPANCY RIGHT IN FAVOR OF R-5 TO 8 IN RESPECT OF 8 GUNTAS OF LAND IN SY.NO.19 OF SARAKKI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, AS THE SAME IS ILLEGAL AND ARBITRARY VIDE ANNEX-A.

THIS PETITION HAVING BEEN RESERVED FOR ORDERS ON 17.11.2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

CAV ORDER

1. The petitioners in this writ petition are seeking a writ of certiorari to quash the order dated 05.08.2016 passed by respondent No.2 - Special Deputy Commissioner in case No.

INA/CR/7/2008-09 vide Annexure-A.

2. The grievance of the petitioners is that the lands in Sy.No.19 measuring 4 acres 3 guntas and Sy.No.48 measuring 14 guntas of Sarakki Village (for brevity 'subject lands') were originally Inam lands granted to Sri Veerabhadreshwara Swamy Temple, a minor Muzrai institution managed by the State Government. The petitioners were appointed as Archak and Convener of the said temple and they were cultivating the subject lands. Accordingly, the petitioners filed an appeal before the Mysore Revenue Appellate Tribunal for grant of occupancy right in respect of subject lands. However, K.Nanjundappa, the husband of respondent No.5 and the father of respondent Nos.6 to 8, who claims to be the Archak of the said temple, also filed an appeal before the said Tribunal. Both the appeals were clubbed together in Appeal Nos.2650 and 2855/1967. The Tribunal by its order dated 31.07.1968, partly allowed the appeal filed by K.Nanjundappa and dismissed the appeal filed by the petitioners. Accordingly, K.Nanjundappa was delivered with possession of subject lands. In the meanwhile, during the year 1967, a final notification was published by the BDA acquiring the subject lands and possession was taken on 01.02.1975. In turn, the BDA allotted to the Temple an extent of 282' + 271/2' X 189' + 222/2' which is equivalent to 1 acre 12 guntas vide resolution dated 24.12.1975, which was communicated to the Temple on 05.10.1976.

3. However, the petitioners and K.Nanjundappa filed Form-7 before the Land Tribunal seeking occupancy right and the Tribunal by its order dated 01.05.1981 partly allowed the application filed by K.Nanjundappa and rejected the claim made by the petitioners - Rudrappa. Aggrieved by this, both the parties once again approached the Land Tribunal in Case