Sri. Siddappa Vs the State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED

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NC: 2025:KHC:47700 WP No. 32334 of 2025

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HC-KAR

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22/09/2025 PERMITTING THE PETITIONERS TO CONTINUE TO PERFORM THE POOJA OF UDASALAMMA DEVI TEMPLE, (KODAMMA) TIPPUR VILLAGE, GUBBI TALUK, KASABA HOBLI, TUMKUR DISTRICT ON ROTATION BASIS VIDE ANNEXURE-H AND AS PER THE DIRECTIONS ISSUED BY THIS HON'BLE COURT DATED 13/7/2009 IN W.A.NO.1296/2009 AND THE ORDER DATED 28/02/2019 MADE IN WP 52887-52888/2017 C/W. W.P. NO.41167/2011 UNDER ANNEXURE-F AND G AND THE ORDER PASSED BY THE ASSISTANT COMMISSIONER, TUMKUR SUB DIVISION, TUMKUR, DATED 17/04/1999 IN CASE NO. DVS/CR/182/95-96 UNDER ANNEXURE-A, FOLLOWED BY THE ORDER DATED 17/3/2009 IN NO.DVS/CR/17/2008-09 PASSED BY THE TAHSILDAR, GUBBI TALUK, GUBBI UNDER ANNEXURE-C AND THE ORDER DATED 10/01/2020 PASSED BY THE TAHSILDAR IN NO.DVS/CR/114/2019-20 VIDE ANNEXURE-D.

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

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for

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the following reliefs:

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"WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court may be pleased to:

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a) Issue writ in the nature of mandamus directing the respondent No.4 to consider the representation of the petitioners dtd 24/9/2025 permitting the petitioners to continue to perform the pooja of

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4 - NC: 2025:KHC:47700 WP No. 32334 of 2025

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HC-KAR

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Udasalamma Devi Temple, (Kodamma) Tippur Village, Gubbi Taluk, Kasaba Hobli, Tumkur District on rotation basis vide Annexure H and as per the directions issued by this Hon'ble Court dtd.13/7/2009 in W.A.No.1296/2009 and in the order 52887-WP dtd.28/2/2019 made 52888/2017 C/w. W.P. No.41167/2011 under Annexure F and G and the order passed by the Assistant Commissioner, Tumkur Sub Division, Tumkur, dtd.17/4/1999 in case No.DVS/CR/182/95-96 under Annexure-A, followed by the order dtd.17/3/2009 in No.DVS/CR/17/2008-09 passed by the Tahsildar, Gubbi Taluk Gubbi under Annexure-C and the order dtd. 10/1/2020 passed by the Tahsildar in No.DVS/CR/114/2019-20 vide Annexure-D.

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b) Issue such other order or direction as may be deemed fit to grant in the circumstances of the case".

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The grievance of the petitioners is that the petitioners' representation seeking for allocation of the time period for performing pooja at the Udasalamma Devi Temple (Kodamma), Thippur Village, Kasaba Hobli, Tumkakuru District, Tumakuru, on rotation basis has not been considered and the specific time period has not been allocated to the petitioners.

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There being six (6) branches and sub-branches of the family who are required to perform pooja

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5 - NC: 2025:KHC:47700 WP No. 32334 of 2025

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HC-KAR

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is not in dispute. It will, therefore, be required for the respondent No. 4 to consider the claims of each of the family members and pass necessary orders, fixing the time period by specifying the dates as per the calendar, so that all the disputes between the parties could be resolved.

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In that view of the matter, I pass the following:

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ORDER

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(i) The Writ Petition is allowed.

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(ii) A mandamus is issued directing respondent No.4 to consider the representation of the petitioners dated 24.09.2025 and while considering the said representation, permit any other claimant to submit their claims along with the supporting documents, provide an opportunity to all concerned and pass a

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