IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT APPEAL NO. 1007 OF 2025 (GM-R/C)

BETWEEN:

SRI CHANDRAPPA S/O. SRI. RAJAPPA,

AGED ABOUT 53 YEARS,

R/AT THIGALARA PETE,

ANEKALA TALUK,

BENGALURU RURAL DISTRICT-562 106.

…APPELLANT

(BY SRI. G B NANDISH GOWDA, ADVOCATE)

Digit ally

AND:

signed by NIRMALA

DEVI 1. STATE OF KARNATAKA

MUZARAI DEPARTMENT,

Location:

HIGH COURT VIKASA SOUDHA,

OF BENGALURU-560 001,

KARNATAKA

2. THE COMMISSIONER

RELIGIOUS INSTITUTIONS AND

CHARITABLE ENDOWMENTS, ALURU VENKATA RAO ROAD,

CHAMARAJAPETE,

BENGALURU-560 018.

3. DEPUTY COMMISSIONER

BENGALURU URBAN DISTRICT, BENGALURU-560 009.

4. TAHSILDAR AND MUZARAI OFFICER ANEKAL TALUK, ANEKAL, BENGALURU DISTRICT-562 106. 5. SRI POOJARY ARJUNAPPA S/O. LATE POOJARY KULLAPPA, AGED ABOUT 75 YEARS, R/AT SRI DHARAMARAYASWAMY TEMPLE STREET, ANEKAL TOWN, BENGALURU DISTRICT-562 106.

6. SRI. MANOJ KUMAR S/O. VENUGOPAL, AGED ABOUT 27 YEARS, DHARMARAYASWAMY TEMPLE STREET, ANEKAL TOWN, BENGALURU-562 106.

…RESPONDENTS (BY SRI. K.S. HARISH, GA FOR R1 TO R4 SRI. B. S. SACHIN, ADVOCATE FOR C/R5)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09.04.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT OF KARNATAKA IN WP No-

13103/2022 (GM-RC) AND ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. The present appeal is filed calling in question the order dated 9.4.2025 passed in W.P.No.13103/2022 [subject writ petition]. The learned Single Judge vide the said common order dated 9.4.2025 adjudicated three writ petitions [being W.P.No.13103/2022 (GM- R/C), W.P.No.7092/2025 (GM-R/C) and W.P.No.9045/2025 (GM/RC)]. The said writ petitions pertained to the right to perform Karaga of Dharmaswami Temple, Anekal [Temple]. The writ petitions in W.P.No.13103/2022 and W.P.No.9045/2025 were filed by Poojari Arjunappa and his children. The writ petition in W.P.No.7092/2025 was filed by a rival claimant. The appellant [Chandrappa] was arrayed as respondent No.6 in W.P.No.13103/2022.

2. The relevant facts are that Poojari Arjunappa claims to be in the lineage of hereditary Archaks of the Temple as his forefathers were said to be performing poojas in the Temple for many generations and that the said Poojari Arjunappa is stated to have been carrying Karaga for many years. On account of his old age, his grandson Manoj Kumar is said to have become eligible to carry Karaga.

3. The learned Single Judge has noticed the judgment in RA No.46/1983, which was disposed of on 03.04.1984 by the first appellate Court, whereunder the judgment and decree of the Trial Court in O.S.No.395/79 was set aside and an order was passed allowing the claim of Poojari Arjunappa. RSA No.412/1984, which was filed challenging the judgment of the first appellate Court was dismissed by this Court. Thereafter, on an application made by the appellant (Chandrappa) to the Tahsildar, he was permitted on 13.04.2011 to perform Karaga in the year 2011. Admittedly, the appellant is not in the lineage of hereditary Archaks. Poojari Arjunappa challenged the said permission granted to Chandrappa in W.P.No.18266/2011, which was disposed of by this Court on 13.09.2011 with a direction to consider the judgment of the Civil Court and pass necessary orders. Poojari Arjunappa filed an application to carry Karaga for the said year, which was rejected. Poojari Arjunappa again filed W.P.Nos.13222-225/2012(GM-R/C), which was disposed of by this Court vide order dated 10.7.2012 directing him to approach the Civil Court. The same was the subject matter of challenge in W.A.Nos.5719-22/2012 and the order of the learned Single Judge was set aside and the Tahsildar was directed to act in terms of the Civil