[Cites 2, Cited by 0]
Karnataka High Court
Shri. Yemannappagouda vs The Deputy Commissioner on 6 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 201789 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201789 OF 2025 (LB-RES)
BETWEEN:
1. SHRI. YEMANNAPPAGOUDA
S/O MALLAPPAGOUD POLICE PATIL,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
2. SHRI. SHIVANGOUDA
S/O CHANDRAPPAGOUDA POLICE PATIL,
AGE:58 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
Digitally signed 3. SHRI. SHARABANAPPAGOUDA
by SWETA
KULKARNI S/O DHARMANNAGOUDA SOULLPATTI,
Location: HIGH AGE: 50 YEARS, OCC: AGRICULTURE,
COURT OF R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
KARNATAKA DIST.YADGIRI.
4. SHRI. MALLANNA S/O MANAPPA BADDIGERA,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
5. SHRI. NAGAPPA S/O BASAPPA,
AGE; 55 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
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6. SHRI. NARASAPA S/O NINGAPPA WAGANGERRI,
AGE; 30 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
7. SHRI. BHIMSHYA S/O AMBANNA,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
8. SHRI. DEVENDRAPPA
S/O HANAMANTRAYA GOUDA,
AGE: 76 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
9. SHRI. RAMLINGAPPA
S/O HANAMANTH NAYAKAL
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
10. SHRI. BHIMANNA SADHU S/O BASAPPA
AGE: 72 YEARS. OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
11. SHRI. NILAPPA
S/O HANAMANTH HADHIMANI,
AGE; 43 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
12. SHRI. HAYALLAPPA S/O HANNAMANTHRAYYA,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
13. SHRI. BHIMANNA S/O YENKAPPA,
AGE: 51 YEARS, OCC: AGRICULTURE,
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R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
14. SHRI. SHIVAPPA S/O SIDDAPPA,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
15. SHRI. NINGANNAGOUDA
S/O LACHAMANNAGOUDA,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
16. SHRI. HANAMANTHRAYA S/O HAYALLAPPA,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
17. SHRI. SAYABANNA S/O SHARABANNA,
AGE: 44YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
18. SHRI. SAYABANNA S/O NINGAPPA KURRI,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
19. SHRI. MALLAPPA S/O HANAMANTRAYA,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
20. SHRI. SHANAPPA
S/O HANAMANTHRAYA TAPPEDAR,
AGE; 49 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
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21. SHRI. BASAVARAJ
S/O DEVENDRAPPA SOULLPETTI,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
22. SHRI. NINGAPPA S/O HANAMANTHARAYA,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
23. SHRI. HANAMANTRAYA
S/O KALLAPPA BADIGERA,
AGE; 42 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
...PETITIONERS
(BY SRI. BHEEMARAYA, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
YADGIRI, DIST. YADAGIRI-585323.
2. THE ASSISTANT COMMISSIONER,
YADGIRI, DIST. YADAGIRI-585323.
3. THE GRAM PANCHAYAT OFFICE
TQ.SHAHAPUR, DIST. YADIGIRI-585323.
4. THE TAHASILDAR OFFICE AT SHAHAPUR
TQ.SHAHAPUR, DIST.YADGIRI-585323.
5. THE PSI OF SHAHAPUR POLICE STATION,
TQ.SHAHAPUR, DIST.YADGIRI-585323.
6. SHRI. NINGAPPA S/O MARREPPA NATIKAR,
AGE: 41 YEARS, OCC: AGRICULTURE,
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R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI-585323.
7. SHRI. SANGAPPA
S/O MARREPPA NATIKAR,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI.
8. SHRI. HONNAPPA S/O JATTAPPA NATIKAR,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI-585323.
9. SHRI. TIPPANNA
S/O BASAPPA NATIKAR,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI-585323.
10. SHRI. BASSAPPA
S/O MARREPPA NATIKAR,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI-585323.
11. SHRI. VISHWANATH
S/O DHARAMANNA NATIKAR,
AGE: 42 YEARS, OCC; AGRICULTURE,
R/O. VIBHOTIHALLI, TQ.SHAHAPUR,
DIST.YADGIRI-585323.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1,R2,R4 AND R5
SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE FOR R3
SRI RAVI B. PATIL, ADVOCATE FOR R6 TO R11)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) TO
DIRECT THE RESPONDENT NO. 1-5 TO DIRECT TO RESTORE
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THE YALLEMMA TEMPLE IN SITUATED AT VIBHUTIHALLI
TQ. SHAHAPUR, DIST YADGIR IN IT ORIGINAL PLACE II) TO
ISSUE A WRIT IN THE NATURE OF MANDAMUS THEREBY
DIRECTING THE RESPONDENT NO 1-5 TO CONSIDER
REPRESENTATION DATED 21.06.2025 AT ANNEXURE-C AND D
TO THE WRIT PETITION. III) PASS ANY OTHER ORDER OR
DIRECTION AS THIS HON'BLE COURT DEEMS FIT IN VIEW OF
THE FACTS AND CIRCUMSTANCES OF THE CASE AS STATED
ABOVE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. Petitioners are before this Court in this writ petition
filed under Articles 226 and 227 of the Constitution of
India, seeking for the following reliefs:-
"i) To direct the Respondent No. 1-5 to direct to
restore the Yallemma temple in situated at
Vibhutihalli Tq. Shahapur Dist: Yadgir, in it original
place
ii) To issue a writ in the nature of mandamus
thereby directing the Respondent No.1-5 to consider
representation dated 21.06.2025 at Annexure-C and
D to the Writ Petition.
iii) Pass any other order or direction as this
Hon'ble Court deems fit in view of the facts and
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circumstances of the case as stated above, in the
interest of justice and equity."
2. Heard the learned counsel for the parties.
3. The grievance of the petitioners, who are villagers of
Vibhutihalli, Shahapura Taluk, Yadagir District is that
during the formation of road by the State authorities,
existing Yellamma Temple as well as public toilet for
women was demolished high handedly and it is under
these circumstances, villagers had given a representation
at Annexure-C dated 21.06.2025 to respondent No.3. The
grievance of the petitioners is that no action has been
taken pursuant to the said representation at Annexure -
C. It is under these circumstances, they had approached
this Court in this writ petition.
4. This Court on 03.07.2025, while issuing emergent
notice to the contesting respondents, has directed the
respondents to maintain status-quo regarding the temple
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premises till the next date of hearing. The said interim
order is extended periodically.
5. Learned counsel appearing for respondent No.3 -
Panchayat submits that pursuant to the interim order
passed by this Court, the status-quo of the temple
premises is maintained and the representation at
Annexure-C dated 21.06.2025 shall be considered and
appropriate orders shall be passed on the same, in
accordance with law, if it is found that the temple
premises and the public toilet for women were demolished
illegally.
6. Learned counsel for respondent Nos.6 to 11 submits
that road has been formed pursuant to the tender called
for by the competent authorities of the State and work has
been carried out only as per the instructions of the higher
officers.
7. Said submission is placed on record.
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8. This writ petition is disposed of directing respondent
No.3 to consider the representation of the petitioners in
accordance with law and pass appropriate orders on the
same as expeditiously as possible.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DN,SWK
List No.: 1 Sl No.: 23
CT:PK
