Allowed

Sri Hulikunte Swami Seva Sangha (R) v. the State of Karnataka

Karnataka HC20 Jun 2024WP/100035/2024

Case brief

AI extract

What is this about?

The High Court allowed the writ petition, quashing an endorsement rejecting the petitioner Sangha's land grant claim. The court directed the Deputy Commissioner to grant 60 cents of land to the petitioner under Rule 21 of the Karnataka Land Grant Rules, 1969, within eight weeks.

What did the court decide?

Quashing of impugned endorsement dated 23.08.2023 and direction to grant 60 cents of land in Sy.No. 361 to the petitioner within 8 weeks.

Sri Hulikunte Swami Seva Sangha (R) Vs the State of… — Land Acquisition | Karnataka HC (2024)

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- 1 - NC: 2024:KHC-D:8295 WP No. 100035 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M.G.UMA

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WRIT PETITION NO. 100035 OF 2024 (KLR-LG)

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BETWEEN:

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SRI HULIKUNTE SWAMI SEVA SANGHA ® BOMMAGHATTA POST, SANDUR TALUK, BALLARI DISTRICT - 583 128, REP. BY ITS SECRETARY

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…PETITIONER

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(BY SRI. K. RAGHAVENDRA RAO, ADVOCATE)

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AND:

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Digitally signed by BHARATHI S Location: high court of karnataka

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THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001, REP. BY ITS PRINCIPAL SECRETARY

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THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI - 583 101

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THE ASSISTANT COMMISSIONER, BALLARI SUB-DIVISION, BALLARI TALUK, BALLARI DISTRICT - 583 101

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THE TAHSILDAR, SANDUR TALUK, BALLARI DISTRICT - 583 101

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…RESPONDENTS

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(BY SRI. ASHOK .T. KATTIMANI., AGA)

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THIS WP IS FILED PRAYING TO I. ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED COMMUNICATION SENT BY RESPONDENT NO.1 TO RESPONDENT NO.2 IN NO.RD 37 LGE 2022 DATED 09.06.2023 FOUND AT ANNEXURE - V AND ALSO THE

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- 2 - NC: 2024:KHC-D:8295 WP No. 100035 of 2024

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IMPUGNED ENDORSEMENT ISSUED BY RESPONDENT NO.2 TO THE PETITIONER SANGHA IN NO.KUM.BHUMI/05/2015-16 DATED 23.08.2023 FOUND AT ANNEXURE - W. II ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO GRANT 24 GUNTAS (60 CENTS) OF THE LAND BEARING SY.NO.361 SITUATE AT BOMMAGHATTA VILLAGE, SANDUR TALUK, BALLARI DISTRICT TO THE PETITIONER SANGHA UNDER RULE 21 OF THE KARNATAKA LAND GRANT RULES, 1969 AND ETC.,

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THIS WP, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking writ in the nature of certiorari to quash the impugned endorsement dated 23.08.2023 produced as per Annexure W, issued by Respondent No.2 and also seeking writ of mandamus directing the respondents to grant 24 guntas (60 cents) of land in Sy.No. 361 situated at Bommaghatta Village, Sandur Taluk, Bellary District in its favour.

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Heard Sri. K. Raghavendra Rao, learned counsel for the petitioner and Sri. Ashok T Kattimani, learned Additional Government Advocate for the respondents. Perused the materials on record.

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Learned counsel for the petitioner submitted that the petitioner is "SRI HULIKUNTE SWAMI SEVA SANGHA" (for short 'Sangha') registered on 28.08.1947 and since then, it is

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3 - NC: 2024:KHC-D:8295 WP No. 100035 of 2024

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carrying on various charitable and religious activities at Sri.Hulikunteshwara Temple which was established since more than 500 years and it is a mujarai temple. The petitioner - Sangha has undertaken preparation and distribution of prasadam to various devotees who visit the temple. Moreover, the Sangha is also organizing the religious activities regularly. The documents produced along with the petition disclose that since several decades, the petitioner - Sangha is involved itself in serving the devotees and propagating the moral values to the general public.

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Learned counsel for the petitioner also submitted that, fourteen tamarind trees that are standing in the land measuring 60 cents was in fact granted to the petitioner - Sangha and there was an entry in Column Nos. 9 and 10 of the Record of Rights since 1982/83. However, abruptly during 1992 this entry was cancelled. Immediately, the petitioner - Sangha had submitted a representation to the Revenue Inspector to restore the entry in the Record of Rights and accordingly, the Revenue Inspector has passed an Order restoring the entry, referring the name of the petitioner - Sangha in Column Nos. 9 and 10 of the RTC.

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Learned counsel for the petitioner also submitted that since the Panchayat started interfering with the rights of the petitioner - Sangha over the tamarind trees, O.S.No.158/1984 was filed for declaration of its ownership over the tamarind tress and for permanent injunction. A compromise decree came to be passed on 25.06.1994, declaring that the petitioner - Sangha is the owner of fourteen tamarind tress standing in Sy.No.361 (Old No. 98). This land measuring 60 cents is being claimed by the petitioner.

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Learned counsel for the petitioner also drawn the attention of this Court to Annexures - M and N, where Tahsildar, Sandur held the spot inspection and noted various structures and activities that are conducted by the petitioner - Sangha and he recommended to grant the land in its favour on payment of the price, as per Rule 21 of the Karnataka Land Grant Rules, 1969. Later, the Deputy Commissioner, Ballary vide his letter dated 28.07.2022, recommended to the Principal Secretary, Department of Revenue, Government of Karnataka,

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Bengaluru for grant of the land to the petitioner - Sangha. In spite of that, the impugned endorsement as per Annexure -W was issued solely on the ground that there is no provision for

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- 5 - NC: 2024:KHC-D:8295 WP No. 100035 of 2024

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grant of the land under the Karnataka Land Grant Rules, 1969. Learned counsel for the petitioner drawn the attention to Rule 21 which refers to grant of land to religious and charitable institutions and prays for allowing the petition.

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Per contra, learned High Court Government Pleader opposing the petition submitted that since the Government is not a party to the suit O.S.No.154/1984, the decree in the said suit is not binding on the respondent. He further submitted that as per impugned endorsement there is no rule in the Karnataka Land Grant Rules, 1969 to permit grant of such land to the petitioner - Sangha and therefore, the endorsement was issued. Accordingly, he prays for dismissal of the petition.

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The petitioner - Sangha produced Annexure-A the Certificate of Registration of the Sangha and as per this document, the Sangha came to be registered on 28.08.1947. Various documents produced as per Annexure-B discloses that the petitioner - Sangha had involved itself in various religious and charitable services, supporting Sri. Hulikunteshwara Temple, Bommaghatta, right from conducting discourses, preparation and distribution of prasadam to the devotees who

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visit the temple, holding other religious activities with regular intervals. Propagation of the religious practice is also undertaken by the petitioner - Sangha. There are ample documents to support the contention taken by the petitioner and the same is not seriously disputed by the respondents.

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Annexure-C is the set of RTCs produced by the petitioner and in Column No.10, there is reference to grant of fourteen tamarind trees. The name of B.S. Ramachandra Rao, was shown therein who is said to be one of the members of the Sangha at that time. Moreover, in Column No.9 along with the name of Sri. Hulikunteshwara Temple, the name of the "Sri Hulikunte Swami Seva Sangha" is also mentioned with reference to Annachatra Jaaga i.e., place for distribution of prasadam. It is only during 1992, this entry found in column No.9 was deleted. Immediately, a representation as per Annexure -E dated 23.05.1992 was submitted to the Tahsildar as well as to the Revenue Inspector. The Revenue Inspector as per his order dated 25.06.1992 ordered restoration of the entries in the RTC referring to the name of the petitioner - Sangha.

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It is also pertinent to note that on the application submitted by the petitioner - Sangha, the Tahsildar had visited the spot and noted the structures found in the land measuring 60 cents. He refers to the religious activities that are being held in the land and existence of the well, bore well and the office of the petitioner - Sangha. He also refers to the RTC entry, where the name of the petitioner - Sangha is mentioned. Taking into consideration the guidance value of the land, he recommended for grant of land to the petitioner - Sangha asserting that the Sangha is in possession of the said land since about 50 to 60 years and it is indulged in religious and charitable services. On recommendation made by the Tahsildar, the Deputy Commissioner while forwarding the request to the Principal Secretary, the Revenue Department, Government of Karnataka as per Annexure-T dated 28.07.2022 again recommended for grant of land to the petitioner - Sangha.

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In the meantime, the suit O.S.No.158/1984 came to be filed by the petitioner - Sangha against the Grampanchayat, Bommaghatta seeking declaration that the petitioner - Sangha is the owner of fourteen tamarind trees standing in the land in question which is the subject matter of

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the present writ petition and for permanent injunction against the panchayat from interfering with auctioning of the suit tamarind trees and for peaceful possession and enjoyment of the same. Annexure-D discloses that the said suit filed on 30.11.1984 came to be compromised and a compromise decree was passed on 25.06.1994, declaring that the plaintiff Sangha is the owner of fourteen tamarind trees situated in Sy.No.361 (old Sy.No.98) of Bommaghatta village. Therefore, it is clear that neither the Revenue Inspector nor the Tahsildar nor the Deputy Commissioner nor the Panchayath, Bommghatta Village are having any grievance against the request made by the petitioner - Sangha for grant of land. There are ample documents that are placed before this Court to substantiate the contention of the petitioner that the petitioner - Sangha is a registered Sangha undertaken the religious and charitable services since several decades and supporting the temple that is in existence.

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Rule 21 of the Karnataka Land Grant Rules 1969 referred to by the Tahsildar and the Deputy Commissioner in their communication deals with grant of land to religious and charitable institutions. Therefore, the endorsement issued by

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the Deputy Commissioner on the basis of letter said to have been written by the Principal Secretary, Department of Revenue, Government of Karnataka rejecting claim of the petitioner - Sangha that there is no provision under the Karnataka Land Grant Rules, 1969 to grant of land in question, cannot be accepted. When admittedly, the petitioner - Sangha which is registered Sangha is in existence since 28.08.1947 and indulged in religious and charitable services, found its name in the RTCs to contend that fourteen tamarind trees standing in the land were given to them and they were declared to be the owner of said trees, with the consent of Panchayath, Bommaghatta and when the Revenue inspector, the Tahsildar and the Deputy Commissioner consistently recommended for grant of the land in question to the petitioner. I do not find any justification in issuing the impugned endorsement dated 23.08.2023 produced as per Annexure-W. Therefore, I deem it appropriate to quash the said endorsement.

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Since, I do not find any impediment for grant of 60

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cents of land in Sy.No.361 situated at Bommaghatta Village, Sandur Taluk, Ballary District under Rule 21 of Karnataka Land

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Grant Rules, 1969, I deem it appropriate to issue the writ of mandamus in that regard.

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In view of the above, I proceed to pass the

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following:

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ORDER

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(i) The Writ Petition is allowed.

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(ii) The impugned endorsement dated 23.08.2023 produced as per Annexure - W issued by respondent No.2 is quashed.

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(iii) Respondent No.2 is directed to grant 60 cents of land in Sy.No. 361 situated at Bommaghatta Village, Sandoor Taluk, Ballary District in favour of the petitioner - Sangha, within 8 weeks from the date of receipt of copy of this order.

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Sd/JUDGE

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SPV

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List No.: 19 Sl No.: 1

Sri Hulikunte Swami Seva Sangha (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Hulikunte Swami Seva Sangha (R) v. the State of Karnataka

Case brief

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