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Sri. Somesh Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Sri. Somesh Vs the CommissionerSri. Somesh v. the Commissioner

Dismissed¶73

Sri. Somesh v. the Commissioner

Karnataka HC4 Nov 2025WP/31803/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 31803 of 2025 (GM-R/C); NC: 2025:KHC:44380; decided 04.11.2025 by Justice Suraj Govindaraj. Dispute concerning Sri. Huliyuramma Temple, Halevooru Village, Huliyurdurga Hobli, Kunigal Taluk, Tumakuru District. Petitioner challenged remand order dated 31.07.2025 of the Endowments Commissioner in ADM7-AP/12/22-23(E-840149) setting aside Deputy Commissioner's order dated 06.07.2022 in DVS(3) CR-31/2021-22; filed under Articles 226 and 227 of the Constitution. Writ petition dismissed; contentions kept open before Deputy Commissioner; impleading issue referred to coordinate bench order in WP No.14179/2023 (20.03.2024). Counsel: B.V. Krishna for petitioner; B. Ravindranath AGA for R1-R5; Abhinav R for C/R7.

What did the court decide?

Where only an order of remand is challenged, the writ petition must fail, since on remand all parties would have the benefit of placing all their arguments and contentions before the Deputy Commissioner, which would have to be so considered and necessary orders passed.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order of remand dated 31.07.2025 passed by Respondent No.1 (Annexure-A), setting aside the Deputy Commissioner's order dated 06.07.2022, is liable to be quashed. +1 more

Court's answer

Where only an order of remand is challenged, the writ petition must fail, since on remand all parties would have the benefit of placing all their arguments and contentions before the Deputy Commissioner, which would have to be so considered and necessary orders passed.

Ratio / Principle

All contentions are kept open to be decided by the Deputy Commissioner, who shall decide the matter without being in any manner influenced by the order passed at Annexure-A.

Detailed headnote1 paragraphs

Writ Petition dismissed - challenge to order of remand. The petitioner challenged the order dated 31.07.2025 (Annexure-A) passed by the Commissioner, Karnataka Hindu Religious Institutions and Charitable Endowments Department, in ADM7-AP/12/22-23(E-840149), whereby the Commissioner set aside the order dated 06.07.2022 of the Deputy Commissioner, Tumakuru District, in Case No. DVS(3) CR-31/2021-22 (Annexure-L) and remanded the matter. Held: where what is challenged is only an order of remand, the writ petition fails, since on remand all parties would have the benefit of placing all their arguments and contentions before the Deputy Commissioner, which would have to be so considered and necessary orders passed; all contentions were kept open and the Deputy Commissioner directed to decide the matter without being in any manner influenced by the order at Annexure-A. The grievance regarding impleading of private respondents other than Respondent No.7 had been dealt with by a coordinate bench order dated 20.03.2024 in WP No.14179/2023. (Suraj Govindaraj, J.)

A

1 -

NC: 2025:KHC:44380 WP No. 31803 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 31803 OF 2025 (GM-R/C)

BETWEEN:

SRI. SOMESH S/O LATE YOGANNA, AGED ABOUT 54 YEARS, RESIDING AT HALEVOORU VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK - 572123

…PETITIONER

(BY SRI.B.V.KRISHNA, ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE COMMISSIONER, KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT, ALURU VENKATARAO ROAD, CHAMRAJPET, BENGALURU 560 018

THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU - 560 101

THE ASSISTANT COMMISSIONER, TUMAKURU SUB DIVISION, TUMAKURU - 560 101

THASILDAR, KUNIGAL TALUK, KUNIGAL 572130 TUMAKURU DISTRICT

THE EXECUTIVE OFFICER,

2 - NC: 2025:KHC:44380 WP No. 31803 of 2025

HC-KAR

SRI. HULIYURAMMA TEMPLE, HALEVOORU, HULIYURUDURGA HOBALI, KUNIGAL TALUK – 572123

SRI. B. C. KEMPAIAH, S/O. SRI. CHIKKAHUDUGAIAH, AGED ABOUT 60 YEAR, NO.163, 18TH CROSS, (OPP. POLAR BEAR), POST OFFICE ROAD, C.H.B.S. LAYOUT, VIJAYANAGARA, BANGALORE 560040

SRI. H. S. RAJASHEKHAR S/O. LATE SRI. SIDDALINGAIAH, AGED ABOUT 55 YEARS,

H.H.RAMESH S/O LATE HULIYANNA, AGED ABOUT 52 YEARS,

SRI. SACHIN, S/O LATE SRI. SIDDARAJU, AGED ABOUT 37 YEARS,

SRI.ANANDA S/O LATE GANGANNA AGED ABOUT 38 YEARS,

SRI. GANGADHARAIAH S/O LATE GANGANNA, AGED ABOUT 40 YEARS,

SRI. M. GANGADHARA S/O LATE. MARIYAPPA, AGED ABOUT 45 YEARS,

SRI. GIRISH S/O LATE NAGANNA AGED ABOUT 37 YEARS,

SRI.H.S. SHIVALINGAIAH S/O LATE SIDDALINGAIAH, 49 YEARS

3 - NC: 2025:KHC:44380 WP No. 31803 of 2025

HC-KAR

SRI. H.S. GANGADHARA S/O LATE DODDA MARISIDDAIAH, AGED ABOUT 58 YEARS,

SRI. H.S.SHIVANNA S/O LATE SIDDAIAH, AGED ABOUT 59 YEARS,

SRI. KRISHNAMURTHY S/O LATE SIDDAIAH, AGED ABOUT 53 YEARS,

SRI. SHANKARA S/O LATE SIDDAIAH, AGED ABOUT 37 YEARS,

SRI. H.M.RAMESH BABU S/O LATE H.S.MARIRAJU AGED ABOUT 45 YEARS

SRI. SIDDARAJU S/O LATE SRI. MARAIAH, AGED ABOUT 39 YEARS,

SRI. SANDESH S/O LATE GANGADHARAIAH, AGED ABOUT 37 YEARS,

SRI. UMESH S/O SMT. GOWRAMMA AGED ABOUT 35 YEARS,

SRI.H.K.RAJANNA S/O LATE SANNAIAH, AGED ABOUT 55 YEARS,

SRI. UMESH S/O LATE YOGANNA, AGED ABOUT 52 YEARS

SRI H K KEMPAIAH S/O LATE SRI. SANNAIAH AGED ABOUT 58 YEARS,

4 -

NC: 2025:KHC:44380 WP No. 31803 of 2025

HC-KAR

SRI. THULASI KRISHNA S/O SMT. SIDDAMMA AGED ABOUT 41 YEARS,

SRI. VENU S/O SMT. GANGAMMA AGED ABOUT 41 YEARS,

RESPONDENTS NO. 7 TO 27 ARE RESIDING AT HALEVOORU VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMKURU DISTRICT 572 123

…RESPONDENTS

(BY SRI. ABHINAV R FOR C/R7; SRI. B. RAVINDRANATH., AGA FOR R1 TO R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.07.2025 PASSED IN ADM7-AP/12/22-23(E-840149) PASSED BY THE 1^ST RESPONDENT VIDE ANNEXURE-A, WHICH SET ASIDE THE ORDER DATED 06.07.2022 PASSED BY THE 2ND RESPONDENT IN CASE NO. DVS (3) CR-31/2021-22, COPY OF THE ORDER IS PRODUCED AS ANNEXURE - L.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

Learned AGA accepts notice for Respondents No.1 to

Notice to Respondents No.6 to 27 is deferred for now.

The Petitioner is before this Court seeking for the following reliefs:

5 - NC: 2025:KHC:44380 WP No. 31803 of 2025

HC-KAR

a) Quash the order dated 31.07.2025 passed in ADM7:AP/12/22-23(E-840149) passed by the R1 vide Annexure-A, which set aside the order dated 06.07.2022 passed by the 2^nd Respondent in case No.DVS(3)CR:31/2021-22, vide Annexure-L.

b) Pass such other relief as this Hon’ble Court deems fit under the circumstances of the case including awarding for costs to the petitioner.

What is essentially being challenged is an order of remand passed by Respondent No.1 vide

Annexure-A.

The contention of Sri.B.V.Krishna, learned counsel for the petitioner is that in the order there are various observations made which if continued could have an impact on the order which may be passed by the Deputy Commissioner on remand. The other contention raised is as regards the impleading of private respondents other than Respondent No.7, contending that no order on impleading had been made. That aspect has been dealt with by a coordinate bench of this Court by its order dated 20.03.2024 in WP No.14179/2023.

6 -

NC: 2025:KHC:44380 WP No. 31803 of 2025

HC-KAR

Be that as it may, what is challenged is only an order of remand, and on remand, all the parties would have the benefit of placing all their arguments and contentions before the Deputy Commissioner, which would have to be so considered and necessary orders passed. In that view of the matter, I pass the

following:

ORDER

i) The Writ Petition is dismissed .

ii) All contentions are kept open to be decided by Deputy Commissioner. The Deputy Commissioner shall decide the matter without being in any manner influenced by the order passed at Annexure-A, dated 06.07.2022.

SD/(SURAJ GOVINDARAJ) JUDGE

PRS List No.: 1 Sl No.: 13

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the order of remand dated 31.07.2025 passed by Respondent No.1 (Annexure-A), setting aside the Deputy Commissioner's order dated 06.07.2022, is liable to be quashed.¶64
The court held
Where only an order of remand is challenged, the writ petition must fail, since on remand all parties would have the benefit of placing all their arguments and contentions before the Deputy Commissioner, which would have to be so considered and necessary orders passed.ratio¶70
2.
Whether the impleading of private respondents other than Respondent No.7, without any order on impleading, vitiates the proceedings.medium confidence¶66

Cases cited

Colour shows how this judgement treated each authority

AI extract

WP No.14179/2023Referred¶66

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticles 226 and 227¶53

Procedural history

How this case reached the court

AI extract

Order under challenge
Order of remand dated 31.07.2025 passed in ADM7-AP/12/22-23(E-840149) by Respondent No.1 (Annexure-A), setting aside the order dated 06.07.2022 passed by Respondent No.2 in Case No. DVS(3) CR-31/2021-22.¶62
Respondent No.1 - Commissioner, Karnataka Hindu Religious Institutions and Charitable Endowments Department · 2025-07-31
Prior proceeding
Order dated 06.07.2022 passed by Respondent No.2 (Deputy Commissioner, Tumakuru District) in Case No. DVS(3) CR-31/2021-22, produced as Annexure-L; set aside by the impugned order of Respondent No.1.¶53
Prior proceeding
The question of impleading private respondents other than Respondent No.7 was dealt with by a coordinate bench of this Court by order dated 20.03.2024 in WP No.14179/2023.¶66

Parties & counsel

AI extract

petitioner
Sri. Somesh s/o Late Yoganna, aged about 54 years, residing at Halevooru Village, Huliyurdurga Hobli, Kunigal Taluk - 572123 (Petitioner)¶10
Sri. B.V. Krishna
respondent
The Commissioner, Karnataka Hindu Religious Institutions and Charitable Endowments Department, Aluru Venkatarao Road, Chamrajpet, Bengaluru 560 018 (Respondent No.1)¶15
Sri. B. Ravindranath
respondent
The Deputy Commissioner, Tumakuru District, Tumakuru - 560 101 (Respondent No.2)¶16
respondent
The Assistant Commissioner, Tumakuru Sub Division, Tumakuru - 560 101 (Respondent No.3)¶17
respondent
Thasildar, Kunigal Taluk, Kunigal 572130 Tumakuru District (Respondent No.4)¶18
respondent
The Executive Officer, Sri. Huliyuramma Temple, Halevooru, Huliyurudurga Hobali, Kunigal Taluk - 572123 (Respondent No.5)¶22
respondent
Sri. B. C. Kempaiah s/o Sri. Chikkahudugaiah, aged about 60 years, No.163, 18th Cross, (Opp. Polar Bear), Post Office Road, C.H.B.S. Layout, Vijayanagara, Bangalore 560040 (Respondent No.6)¶23
respondent
Sri. H. S. Rajashekhar s/o Late Sri. Siddalingaiah and Respondents No.7 to 27, residing at Halevooru Village, Huliyurdurga Hobli, Kunigal Taluk, Tumakuru District 572 123¶50
Sri. Abhinav R

Coram

AI extract

Hon'ble Mr. Justice Suraj Govindarajauthor¶55

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 4 Nov 2025 · November
Registered: 23 Oct 2025
Case no.: WP/31803/2025
CNR: KAHC010681362025
Topic: Writ and Judicial Review
Bench: Suraj Govindara
Disposal: DISMISSED
Case type: WRIT PETITION (GM-R/C)

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Cite this judgement

Sri. Somesh v. the Commissioner, WP/31803/2025 (KA), decided on 4 November 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

WP No.14179/2023Referred¶66

Open Authorities

Statutes1

Constitution of IndiaArticles 226 and 227

View all statutes

Procedural history3

Order of remand dated 31.07.2025 passed in ADM7-AP/12/22-23(E-840149) by Respondent No.1 (Annexure-A), setting aside the order dated 06.07.2022 passed by Respondent No.2 in Case No. DVS(3) CR-31/2021-22.Respondent No.1 - Commissioner, Karnataka Hindu Religious Institutions and Charitable Endowments Department · 2025-07-31
Order dated 06.07.2022 passed by Respondent No.2 (Deputy Commissioner, Tumakuru District) in Case No. DVS(3) CR-31/2021-22, produced as Annexure-L; set aside by the impugned order of Respondent No.1.
The question of impleading private respondents other than Respondent No.7 was dealt with by a coordinate bench of this Court by order dated 20.03.2024 in WP No.14179/2023.

View full history

Bench / Coram

Hon'ble Mr. Justice Suraj Govindaraj

Parties & counsel