The State of Karnataka Vs Sri v M Venkatesh — Karnataka HC (2025) — LawSathi Research

The State of Karnataka Vs Sri v M Venkatesh — Karnataka HC (2025) — LawSathi Research

1 -

NC: 2025:KHC:50234-DB WA No. 268 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 268 OF 2022 (SCST)

BETWEEN:

THE STATE OF KARNATAKA THROUGH ITS SECRETARY DEPARTMENT OF REVENUE

M. S. BUILDING, BENGALURU - 560 001.

THE DEPUTY COMMISSIONER KOLAR DISTRICT

KOLAR - 563 101.

THE ASST. COMMISSIONER KOLAR SUB DIVISION

KOLAR DISTRICT, KOLAR - 563 101.

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

THE EXECUTIVE OFFICER, TALUK PANCHAYATH,

TALUK AND DISTRICT KOLAR, KOLAR -563 101.

THE HEAD MASTER GOVERNMENT HIGHER PRIMARY SCHOOL, UPAKUNTE, SAGUTUR HOBLI, KOLAR TALUK AND DISTRICT, KOLAR - 563 101.

…APPELLANTS

(BY SMT. MAMATHA SHETTY, AGA)

2 -

NC: 2025:KHC:50234-DB WA No. 268 of 2022

HC-KAR

AND:

SRI V. M. VENKATESH S/O. LATE MUNIVENKATAPPA, AGED ABOUT 62 YEARS,

SRI V M MURALI KRISHNA S/O LATE MUNIVENKATAPPA, AGED ABOUT 55 YEARS,

SRI V M RAMESH S/O LATE MUNIVENKATAPPA AGED ABOUT 38 YEARS,

SRI V M GANESH S/O. LATE MUNIVENKATAPPA, AGED ABOUT 38 YEARS,

SRI VENKATAPPA S/O RAMANNA BOVI AGED ABOUT 75 YEARS,

SRI MUNIVENKATAPPA S/O RAMMANNA BOVI AGED ABOUT 73 YEARS,

SRI VENKATESH S/O VENKATASWAMY AGED ABOUT 54 YEARS,

SRI VENKATESHAPPA S/O VENKATASWAMY AGED ABOUT 54 YEARS,

SRI SRINIVASA S/O VENKATASWAMY AGED ABOUT 60 YEARS,

3 - NC: 2025:KHC:50234-DB WA No. 268 of 2022

HC-KAR

SRI SEENAPPA S/O VENKATESHAPPA AGED ABOUT 53 YEARS,

SRI SEENAPPA S/O VENKATARAMANA BHOVI AGED ABOUT 60 YEARS,

SRI MUNIVENKATAPPA S/O YERRAPPA

AGED ABOUT 65 YEARS,

SRI ANJANAPPA S/O YERRAPPA AGED ABOUT 50 YEARS,

SRI VENKATASWAMY S/O YERRAPPA AGED ABOUT 47 YEARS,

SRI VENKATESH S/O MUNIVENKATAPPA AGED ABOUT 61 YEARS,

SRI VENKATARAVANAPPA S/O VENAKTASWAMY AGED ABOUT 60 YEARS,

SRI VENKATESHAPPA S/O DODDA VENKATESHAPPA AGED ABOUT 44 YEARS,

SRI APPAIAH S/O VENKATESHAPPA AGED ABOUT 49 YEARS,

SRI GOPALAPPA S/O MUNIYAPPA AGED ABOUT 72 YEARS,

4 - NC: 2025:KHC:50234-DB WA No. 268 of 2022

HC-KAR

SMT. CHANDRAMMA W/O GIRIYAPPA SETTY AGED ABOUT 74 YEARS,

SMT. YELLAMMA W/O VENKATESHAPPA AGED ABOUT 59 YEARS,

SRI. CHIKKA VENKATESHAPPA S/O VENKATESHAPPA AGED ABOUT 55 YEARS,

SRI. SRINIVAS S/O VENKATGASWAMY, AGED ABOUT 44 YEARS,

SRI.SEENA S/O VENKATESHAPPA, AGED ABOUT 44 YEARS,

SRI.VENKATESH S/O MUNIYAPPA, AGED ABOUT 50 YEARS,

SRI.CHIKKA VENKATESH S/O VENKATASWAMY, AGED ABOUT 50 YEARS,

SRI. CHIKKA VENKATESH S/O RAMANNA BHOVI, AGED ABOUT 53 YEARS,

SRI.VENKATESHAPPA S/O RAMANNA BHOVI, AGED ABOUT 44 YEARS,

SMT.VENKATALAKSHMAMMA,W W/O VENKATAPPA, AGED ABOUT 47 YEARS,

5 -

NC: 2025:KHC:50234-DB WA No. 268 of 2022

HC-KAR

SRI.MUNIVENKATAPPA S/O POOJARI VENKATAPPA, AGED BOUT 71 YEARS,

SRI.VENKATAREDDY, S/O MUNIVENKATAPPA, AGED ABOUT 43 YEARS,

SRI.MUNIVENKATAPPA, S/O POOJARI VENKATAPPA AGED BOUT 72 YEARS,

SRI.VENKATASWAMY S/O POOJARI VENKATAPPA AGED BOUT 69 YEARS,

SRI.SREERAMAPPA S/O VENKATANA BHOVI AGED BOUT 67 YEARS,

SRI.SREERAMAPA, S/O VENKATABHOVI AGED BOUT 69 YEARS,

SMT.A.NANJAMMA W/O NARAYANAPPA, AGED BOUT 55 YEARS,

SRI.VENKATAGIRIYAPPA S/O VENKATAPPA AGED BOUT 70 YEARS,

SRI. SRINIVASA S/O VENKATAGIRIYAPPA AGED BOUT 46 YEARS,

SRI.LAKSHMAIAH S/O MUNIBHOVI AGED ABOUT 72 YEARS, AGED ABOUT 66 YEARS,

6 - NC: 2025:KHC:50234-DB WA No. 268 of 2022

HC-KAR

SMT. VENKATAMMA W/O MUNIVENKATAPPA AGED ABOUT 68 YEARS, AGED ABOUT 66 YEARS,

SRI.MURALI, S/O MUNIVENKATAPPA AGED ABOUT 60 YEARS,

SRI.SEENAPPA S/O VENKATASWAMY AGED ABOUT 55 YEARS,

SRI.VENKATARAVANAPA S/O VENKATESHAPPA AGED ABOUT 58 YEARS,

SMT.CHIKKAYELLAMMA W/O VENKATESHAPPA AGED ABOUT 55 YEARS,

SMT. PILLAMMA W/O MUNIYAPPA, AGED ABOUT 73 YEARS

SRI.ANJANAPPA S/O HANUMAPPA AGED ABOUT 68 YEARS,

SRI.ANJANAPPA S/O HANUMAPPA AGED ABOUT 69 YEARS,

SRI.VENKATESHAPPA S/O HANUMANTHA BHOVI AGED ABOUT 65 YEARS,

7 - NC: 2025:KHC:50234-DB WA No. 268 of 2022

HC-KAR

SRI.MUNIVENKATAPPA S/O VENKATAPPA AGED ABOUT 69 YEARS,

SRI.SOLLAPURAPPA S/O VENKATAPPA AGED ABOUT 70 YEARS, SINCE DEAD REPRESENTED BY RESPONDENT Nos.51 AND 52;

SRI.VENKATARAVANAPPA S/O SOLLAPURAPPA AGED ABOUT 63 YEARS,

SRI. NARAYANAPPA S/O SOLLAPURAPPA AGED ABOUT 57 YEARS,

SRI.GURAPPA S/O BADIGAPPA AGED ABOUT 70 YEARS,

SMT.Y.V.LAKSHMAMMA W/O NARASAPPA AGED ABOUT 69 YEARS,

SRI. NARAYANAPPA S/O HANUMANA BHOVI AGED ABOUT 70 YEARS,

SMT. CHANDRAMMA W/O GIRIYAPPA SETTY AGED ABOUT 75 YEARS,

SRI.PRAKASHA S/O GOPALAPPA AGED ABOUT 65 YEARS,

8 - NC: 2025:KHC:50234-DB WA No. 268 of 2022

HC-KAR

SRI.NARAYANASWAMY S/O GURAPPA

AGED ABOUT 59 YEARS,

SRI.JAYAPRAKASHA S/O GIRIYAPPA SETTY,

AGED ABOUT 65 YEARS,

ANJANEYASWAMY TEMPLE REPRESENTED BY ITS MANAGER,

CHOWDESHWARI TEMPLE REPRESENTED BY ITS MANAGER,

ALL ARE RESIDING AT UPAKUNTE VILLAGE, SAGATUR HOBLI, KOLAR TALUK, KOLAR DISTRICT, KOLAR -563 101.

…RESPONDENTS

(BY SRI. G BALAKRISHNA SHASTRY, ADV. FOR R1-R4; SRI. S. JAYARAMA BHATT, ADV. FOR R8, R12-R14, R16, R18, R21, R22, R25, R31, R32, R38, R43, R46, R53 & R59; R7, R9 TO R11, R15, R19, R20, R23, R24, R30, R33 TO R36, R41, R42, R44, R47, R49, R51, R56, R60 & R61 ARE SERVED)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 17.09.2021, PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 41463/2018 (SC/ST).

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

9 -

NC: 2025:KHC:50234-DB WA No. 268 of 2022

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

Till today, office objections are not complied. Therefore, in view of the peremptory order dated 26.06.2025 passed by this Court, no further order is required.

2. Accordingly, appeal stands dismissed for non-

prosecution .

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

PN List No.: 1 Sl No.: 39

Parties & counsel

AI extract

appellant
THE STATE OF KARNATAKA THROUGH ITS SECRETARY DEPARTMENT OF REVENUE¶9
SMT. MAMATHA SHETTY
appellant
THE DEPUTY COMMISSIONER KOLAR DISTRICT¶11
SMT. MAMATHA SHETTY
appellant
THE ASST. COMMISSIONER KOLAR SUB DIVISION¶13
SMT. MAMATHA SHETTY
appellant
THE EXECUTIVE OFFICER, TALUK PANCHAYATH¶16
SMT. MAMATHA SHETTY
appellant
THE HEAD MASTER GOVERNMENT HIGHER PRIMARY SCHOOL, UPAKUNTE, SAGUTUR HOBLI, KOLAR TALUK AND DISTRICT¶18
SMT. MAMATHA SHETTY
respondent
SRI V. M. VENKATESH S/O. LATE MUNIVENKATAPPA (R1)¶25
SRI. G BALAKRISHNA SHASTRY
respondent
SRI V M MURALI KRISHNA S/O LATE MUNIVENKATAPPA (R2)¶26
SRI. G BALAKRISHNA SHASTRY
respondent
SRI V M RAMESH S/O LATE MUNIVENKATAPPA (R3)¶27
SRI. G BALAKRISHNA SHASTRY
respondent
SRI V M GANESH S/O. LATE MUNIVENKATAPPA (R4)¶28
SRI. G BALAKRISHNA SHASTRY
respondent
SRI VENKATAPPA S/O RAMANNA BOVI (R5)¶29
respondent
SRI MUNIVENKATAPPA S/O RAMMANNA BOVI (R6)¶30
respondent
SRI VENKATESH S/O VENKATASWAMY (R7)¶31
respondent
SRI VENKATESHAPPA S/O VENKATASWAMY (R8)¶32
SRI. S. JAYARAMA BHATT
respondent
SRI SRINIVASA S/O VENKATASWAMY (R9)¶33
respondent
SRI SEENAPPA S/O VENKATESHAPPA (R10)¶36
respondent
SRI SEENAPPA S/O VENKATARAMANA BHOVI (R11)¶37
respondent
SRI MUNIVENKATAPPA S/O YERRAPPA (R12)¶38
SRI. S. JAYARAMA BHATT
respondent
SRI ANJANAPPA S/O YERRAPPA (R13)¶40
SRI. S. JAYARAMA BHATT
respondent
SRI VENKATASWAMY S/O YERRAPPA (R14)¶41
SRI. S. JAYARAMA BHATT
respondent
SRI VENKATESH S/O MUNIVENKATAPPA (R15)¶42
respondent
SRI VENKATARAVANAPPA S/O VENAKTASWAMY (R16)¶43
SRI. S. JAYARAMA BHATT
respondent
SRI VENKATESHAPPA S/O DODDA VENKATESHAPPA (R17)¶44
respondent
SRI APPAIAH S/O VENKATESHAPPA (R18)¶45
SRI. S. JAYARAMA BHATT
respondent
SRI GOPALAPPA S/O MUNIYAPPA (R19)¶46
respondent
SMT. CHANDRAMMA W/O GIRIYAPPA SETTY (R20)¶49
respondent
SMT. YELLAMMA W/O VENKATESHAPPA (R21)¶50
SRI. S. JAYARAMA BHATT
respondent
SRI. CHIKKA VENKATESHAPPA S/O VENKATESHAPPA (R22)¶51
SRI. S. JAYARAMA BHATT
respondent
SRI. SRINIVAS S/O VENKATGASWAMY (R23)¶52
respondent
SRI.SEENA S/O VENKATESHAPPA (R24)¶53
respondent
SRI.VENKATESH S/O MUNIYAPPA (R25)¶54
SRI. S. JAYARAMA BHATT
respondent
SRI.CHIKKA VENKATESH S/O VENKATASWAMY (R26)¶55
respondent
SRI. CHIKKA VENKATESH S/O RAMANNA BHOVI (R27)¶56
respondent
SRI.VENKATESHAPPA S/O RAMANNA BHOVI (R28)¶57
respondent
SMT.VENKATALAKSHMAMMA W/O VENKATAPPA (R29)¶58
respondent
SRI.MUNIVENKATAPPA S/O POOJARI VENKATAPPA (R30)¶62
respondent
SRI.VENKATAREDDY S/O MUNIVENKATAPPA (R31)¶63
SRI. S. JAYARAMA BHATT
respondent
SRI.MUNIVENKATAPPA S/O POOJARI VENKATAPPA (R32)¶64
SRI. S. JAYARAMA BHATT
respondent
SRI.VENKATASWAMY S/O POOJARI VENKATAPPA (R33)¶65
respondent
SRI.SREERAMAPPA S/O VENKATANA BHOVI (R34)¶66
respondent
SRI.SREERAMAPA S/O VENKATABHOVI (R35)¶67
respondent
SMT.A.NANJAMMA W/O NARAYANAPPA (R36)¶68
respondent
SRI.VENKATAGIRIYAPPA S/O VENKATAPPA (R37)¶69
respondent
SRI. SRINIVASA S/O VENKATAGIRIYAPPA (R38)¶70
SRI. S. JAYARAMA BHATT
respondent
SRI.LAKSHMAIAH S/O MUNIBHOVI (R39)¶71
respondent
SMT. VENKATAMMA W/O MUNIVENKATAPPA (R40)¶74
respondent
SRI.MURALI S/O MUNIVENKATAPPA (R41)¶75
respondent
SRI.SEENAPPA S/O VENKATASWAMY (R42)¶76
respondent
SRI.VENKATARAVANAPA S/O VENKATESHAPPA (R43)¶77
SRI. S. JAYARAMA BHATT
respondent
SMT.CHIKKAYELLAMMA W/O VENKATESHAPPA (R44)¶78
respondent
SMT. PILLAMMA W/O MUNIYAPPA (R45)¶79
respondent
SRI.ANJANAPPA S/O HANUMAPPA (R46)¶80
SRI. S. JAYARAMA BHATT
respondent
SRI.ANJANAPPA S/O HANUMAPPA (R47)¶81
respondent
SRI.VENKATESHAPPA S/O HANUMANTHA BHOVI (R48)¶82
respondent
SRI.MUNIVENKATAPPA S/O VENKATAPPA (R49)¶85
respondent
SRI.SOLLAPURAPPA S/O VENKATAPPA (R50, since dead; represented by Respondent Nos. 51 and 52)¶86
respondent
SRI.VENKATARAVANAPPA S/O SOLLAPURAPPA (R51)¶87
respondent
SRI. NARAYANAPPA S/O SOLLAPURAPPA (R52)¶88
respondent
SRI.GURAPPA S/O BADIGAPPA (R53)¶89
SRI. S. JAYARAMA BHATT
respondent
SMT.Y.V.LAKSHMAMMA W/O NARASAPPA (R54)¶90
respondent
SRI. NARAYANAPPA S/O HANUMANA BHOVI (R55)¶91
respondent
SMT. CHANDRAMMA W/O GIRIYAPPA SETTY (R56)¶92
respondent
SRI.PRAKASHA S/O GOPALAPPA (R57)¶93
respondent
SRI.NARAYANASWAMY S/O GURAPPA (R58)¶96
respondent
SRI.JAYAPRAKASHA S/O GIRIYAPPA SETTY (R59)¶98
SRI. S. JAYARAMA BHATT
respondent
ANJANEYASWAMY TEMPLE REPRESENTED BY ITS MANAGER (R60)¶100
respondent
CHOWDESHWARI TEMPLE REPRESENTED BY ITS MANAGER (R61)¶101

Coram

AI extract

Hon'ble Mrs. Justice Anu Sivaramanmember¶107
Hon'ble Mr. Justice Vijaykumar A. Patilauthor¶113