Karnataka High Court
Jaganmate Shree Kateeramma ... vs State Of Karnataka on 21 September, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.A. NO.447 OF 2022 (LB-RES)
BETWEEN:
JAGANMATE SHREE KATEERAMMA DEVASTHANA
ABHIRUDDHI TRUST, BHOGANAHALLI
NO.123/1, VARTUR HOBLI
BBMP WARD NO.150, BELANDUR POST
BENGALURU 03.
REP. BY ITS MANAGING TRUSTEE
SRI. SHREERAMAIAH BIN MUNIVENKATAPPA
AGED ABOUT 70 YEARS
BHOGANAHALLI VILLAGE
VARTUR HOBLI, BENGALURU 560103.
... APPELLANT
(BY MR. S.R. HEGDE HUDLAMANE, ADV.,)
AND:
1. STATE OF KARNATAKA
REP BY CHIEF SECRETARY
REVENUE DEPARTMENT
M.S. BUILDING 5th FLOOR
BENGALURU 560001.
2. DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
2
BEHIND KANDAYA BHAVAN
KG ROAD, BENGALURU 560019.
3. TAHASILDAR
K.R. PURAM
BENGALURU EAST TALUK
BENGALURU 560036.
4. COMMISSIONER
BRUHAT BENGALURU
MAHANAGARA PALIKE
BENGALURU 560002.
5. COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
KUMARAKRIPA ROAD
BENGALURU 560003.
6. EXECUTIVE ENGINEER BBMP
MAJOR ROAD
MAHADEVAPURA DIVISION
BENGLAURU 560035.
7. ROHAN EKSHA
BUILDERS AND DEVELOPERS (INDIA)
AGED ABOUT 45 YEARS
R/O 1201, 1st FLOOR
DIVYASHREE, 100 FEET ROAD
INDIRANAGAR, BENGALURU 560038.
8. PRIYANKA DEVELOPERS
REP BY ITS MANAGING DIRECTOR
OPP. NEW HORIZON VIDYA MANDIR
BHOGANAHALLI VILLAGE
BENGALURU 560013.
... RESPONDENTS
(BY MRS. PRATHIMA HONNAPURA, AGA FOR R1 TO R3
MR. G. LAKSHMEESH RAO, ADV., FOR R5
MR. P. CHINNAPPA, ADV., FOR R7)
3
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
JUDGEMENT AND ORDER PASSED BY THE LEARNED
SINGLE JUDGE MADE IN WP NO.14556/2020 (LB-RES)
DATED 13/04/2022 THEREBY DISMISSING THE WRIT
PETITION WITH COST OF RS.1,00,000/- (RUPEES ONE LAKH)
AND KINDLY GRANT THE RELIEF AS PRAYED IN THE WRIT
PETITION BY THE PETITIONER. ISSUE SUCH OTHER
INCIDENTAL RELIEF AND ALSO FOR COST.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS
DAY, ACTING CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
This intra Court appeal is filed against an order
dated 13.04.2022 passed by the learned Single Judge
in W.P. No.14556/2020, by which writ petition
preferred by the appellant has been dismissed.
2. Facts leading to filing of this appeal briefly
stated are that as per the version of the appellant, a
Temple namely Sri Jaganmate Shree Kateeramma
Temple is in existence for past about 60 years on land
bearing Sy. No.123/1, Varthur Hobli, BBMP Ward.
The proposed sub-road was sought to be changed.
The appellant thereupon filed a writ petition which
was dismissed by learned Single Judge by imposing a
cost of Rs.1,00,000/-. In the aforesaid factual
background, this appeal has been filed.
3. Learned counsel for the appellant
submitted that the Trust cannot be dispossessed
except in accordance with law and learned Single
Judge erred in imposing a cost of Rs.1,00,000/-.
4. We have considered the submission made
by learned counsel for the appellant and have perused
the records. The respondent No.7 by a registered Sale
Deed dated 16.09.2013 has acquired title in respect of
land in question on which Temple is situate. The
appellant has neither assailed the aforesaid Sale Deed
nor has placed on any document to show that the
Trust is in settled possession of the land in question.
The Trust Deed on which reliance has been placed
has been executed on 04.02.2020, i.e., 7 years after
the execution of the Sale Deed.
For the aforementioned reasons, the learned
Single Judge has rightly declined to entertain the writ
petition. We do not find any ground to differ with the
view taken by the learned Single Judge.
In the result, the appeal fails and the same is
hereby dismissed.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
SS
