Sri Rama Chaitanya Vardhini Sabha Vs the State of… — Writ and Judicial Review | Karnataka HC (2026)

Sri Rama Chaitanya Vardhini Sabha Vs the State of… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Quashing of the impugned communication dated 22.04.2015 issued by the Assistant Tahsildar; liberty reserved to the Deputy Commissioner or competent authority to initiate proceedings regarding any encroachment strictly in accordance with law, after affording sufficient opportunity to the petitioners and parties interested.

Issue for consideration

Whether the impugned communication dated 22.04.2015 issued by the Assistant Tahsildar, claiming to have taken possession of the temples and religious institutions on Sy.No.153 of Kacharakanahalli Village and to have sealed their hundis, ought to be quashed. +1 more

Court's answer

All four writ petitions are allowed and the impugned communication dated 22.04.2015 issued by the Assistant Tahsildar is quashed.

Ratio / Principle

The concerned Deputy Commissioner or the competent authority, as the case may be, is/are at liberty to initiate proceedings with regard to any encroachment strictly in accordance with law, after affording sufficient opportunity to the petitioners and parties interested, and an appropriate order in accordance with law shall be passed.

Detailed headnote1 paragraphs

High Court of Karnataka (M.G.S. Kamal, J.), 29-06-2026: Allowed four writ petitions (WP Nos. 18218, 18219, 18306 and 18313 of 2015 - GM-RES) by religious institutions - Rama Chaitanya Vardhini Sabha, Shakti Sri Sirdi Sai Seva Samithi, ISKCON and Vasavi Trust - against a communication dated 22.04.2015 issued by the Assistant Tahsildar, Bangalore North Taluk, claiming to have taken possession of temples and religious institutions on Sy.No.153 of Kacharakanahalli Village, Kasaba Hobli, and to have sealed their hundis, on the premise of construction on Government land by encroachment. Counsel relied on the decrees in O.S.No.6168/1990 and O.S.No.8997/2014 (institutions found in existence for over 500 years; State undertaking in Lok Adalath not to interfere with temple affairs), contended the Assistant Tahsildar acted without jurisdiction since proceedings lay with the Deputy Commissioner under Section 67 of the Karnataka Land Revenue Act, and relied on the Co-ordinate Bench order dated 12.07.2023 in WP No.14456/2023 quashing a similar communication; the learned AGA did not oppose, submitting fresh action would be initiated by the Deputy Commissioner/competent authority per law. The Court quashed the impugned communication and directed that any encroachment proceedings be initiated strictly in accordance with law by the Deputy Commissioner or competent authority after affording sufficient opportunity to the petitioners and parties interested.

NC: 2026:KHC:32199 WP No. 18218 of 2015 C/W WP No. 18219 of 2015 WP No. 18306 of 2015 HC-KAR AND 1 OTHER

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 18218 OF 2015 (GM-RES)

C/W

WRIT PETITION NO. 18219 OF 2015 (GM-RES) WRIT PETITION NO. 18306 OF 2015 (GM-RES) WRIT PETITION NO. 18313 OF 2015 (GM-RES)

IN WP No. 18218/2015

BETWEEN:

SRI RAMA CHAITANYA VARDHINI SABHA KACHARAKANAHALLI (KESHAVANAGARA) BANGALORE-560 084 REPRESENTED BY ITS WORKING PRESIDENT

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

SRI MUNINAGA REDDY @ M N REDDY S/O LATE MUNISWAMY REDDY AGED ABOUT 64 YEARS.

(BY SRI. T SESHAGIRI RAO, ADVOCATE)

…PETITIONER

AND:

THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY VIDHANASOUDHA BANGALORE-560 001.

THE DEPUTY COMMISSIONER BANGALORE URBAN

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HC-KAR

K G ROAD BANGALORE-560 009.

THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION KANDAYABHAVAN BUILDING K G ROAD

BANGALORE-560 009.

THE TAHSILDAR BANGALORE NORTH TALUK KANDAYABHAVAN BUILDING K G ROAD BANGALORE-560 009.

THE DEPUTY TAHSILDAR NADAKACHERI DEVARAJEEVANAHALLI KASABA-1

BANGALORE NORTH TALUK - 560 045.

THE REVENUE INSPECTOR DEVARAJEEVANAHALLI CIRCLE KASABA HOBLI

BANGALORE NORTH TALUK-560 045.

…RESPONDENTS

(BY SRI. MAHANTESH SHETTAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PROCEEDINGS ONE HELD BY THE R-5 DATED 22.04.2015 VIDE ANNEXURE-G TO THE WRIT PETITION.

IN WP NO. 18219/2015

BETWEEN:

SHAKTI SRI SIRDI SAI SEVA SAMITHI

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HC-KAR

SREE RAMA TEMPLE COMPLEX (DAKSHINA AYODHDYA) SREE RAMA TEMPLE ROAD KACHARAKANAHALLI H B R LAYOUT BANGALORE-560 043 REPRESENTED BY ITS GENERAL SECRETARY SRI P BABU S/O LATE PADMANABHA AGED ABOUT 60 YEARS.

…PETITIONER

(BY SRI. C M NAGABUSHANA, ADVOCATE)

AND:

THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY VIDHANASOUDHA

BANGALORE-560 001.

THE DEPUTY COMMISSIONER BANGALORE URBAN K G ROAD

BANGALORE-560 009.

THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION KANDAYABHAVAN BUILDING K G ROAD

BANGALORE-560 009.

THE TAHSILDAR BANGALORE NORTH TALUK KANDAYABHAVAN BUILDING K G ROAD

BANGALORE-560 009.

THE DEPUTY TAHSILDAR NADAKACHERI DEVARAJEEVANAHALLI

4 -

NC: 2026:KHC:32199 WP No. 18218 of 2015 C/W WP No. 18219 of 2015 WP No. 18306 of 2015 AND 1 OTHER

HC-KAR

KASABA-1

BANGALORE NORTH TALUK - 560 045.

THE REVENUE INSPECTOR DEVARAJEEVANAHALLI CIRCLE KASABA HOBLI

BANGALORE NORTH TALUK - 560 045.

…RESPONDENTS

(BY SRI. MAHANTESH SHETTAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PROCEEDINGS ONE HELD BY THE R-5 DATED 22.04.2015 VIDE ANNEXURE-H TO THE WRIT PETITION.

IN WP NO. 18306/2015

BETWEEN:

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS

A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1861 ALSO REGISTERED UNDER THE BOMBAY PUBLIC TRUSTS ACT, HAVING ITS OFFICE AT HARE KRISHNA LAND, JUHU, MUMBAI -400 036. AND TEMPLE AT RAMA TEMPLE COMPOUND KACHARAKANAHALLI LINGARAJAPURAM MAIN ROAD H B R LAYOUT, BANGALORE-560043. REPRESENTED BY AUTHORIZED SIGNATORY SRI VARADA KRSNA DASA.

…PETITIONER

(BY SRI.SASRAVANA S., ADVOCATE)

AND:

THE STATE OF KARNATAKA

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HC-KAR

DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BANGALORE - 560 001.

THE DEPUTY COMMISSIONER BANGALORE URBAN K G ROAD

BANGALORE - 560 009.

THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION KANDAYA BHAVAN BUILDING K G ROAD BANGALORE 560 009.

THE TAHSILDAR BANGALORE NORTH TALUK KANDAYA BHAVAN BUILDING K G ROAD BANGALORE - 560 009.

THE DEPUTY TAHSILDAR NADAKACHERI DEVARAJEEVANAHALLI KASABA - 560 097. BANGALORE NORTH TALUK.

THE REVENUE INSPECTOR DEVARAJEEVANAHALLI CIRCLE KASABA HOBLI BANGALORE NORTH TALUK - 560 097.

…RESPONDENTS

(BY SRI. MAHANTESH SHETTAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PROCEEDINGS ONE HELD BY THE R-5 DATED 22.04.2015 VIDE ANNEXURE-E TO THE WRIT PETITION.

NC: 2026:KHC:32199 WP No. 18218 of 2015 C/W WP No. 18219 of 2015 WP No. 18306 of 2015 AND 1 OTHER

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HC-KAR

IN WP NO. 18313/2015

BETWEEN:

VASAVI TRUST AND TEMPLE AT RAMA TEMPLE COMPOUND, KACHARAKANAHALLI, LINGARAJAPURAM MAIN ROAD H B R LAYOUT BANGALORE - 560 072 REPRESENED BY ITS PRESIDENT SRI G K PANDURANGAIAH.

…PETITIONER

(BY SRI. MOHAN BHAT., ADVOCATE)

AND:

THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA

BANGALORE-560 001.

THE DEPUTY COMMISSIONER BANGALORE URBAN K G ROAD

BANGALORE-560 009.

THE ASSISTANT COMMISSIONER BANGALORE NORH SUB-DIVISION KANDAYA BHAVAN BUILDING K G ROAD

BANGALORE-560 009.

THE TAHSILDAR BANGALORE NORTH TALUK KANDAYA BHAVAN BUILDING K G ROAD

BANGALORE-560 009.

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HC-KAR

THE DEPUTY TAHSILDAR NADAKACHERI DEVARAJEEVANAHALLI KASABA-1

BANGALORE NORTH TALUK - 560 072.

THE REVENUE INSPECTOR DEVARAJEEVANAHALLI CIRCLE KASABA HOBLI

BANGALORE NORTH TALUK - 560 072.

…RESPONDENTS

(BY SRI. MAHANTESH SHETTAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PROCEEDINGS ONE HELD BY THE R-5 DATED 22.4.2015 VIDE ANNEXURE-E TO THE WRIT PETITION.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioners in these writ petitions have a common grievance which is issuance of communication dated 22.04.2015 by the Assistant Tahsildar to the Tahsildar, Bangalore North Taluk, in terms of the said communication, the Assistant Tahsildar has claimed to have taken possession of Temples and religious institutions existing on the land bearing

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Sy.No.153 of Kacharakanahalli Village, Kasaba Hobli, Bangalore North Taluk, on the premise of same having been constructed on the Government land by encroaching upon them and has also claimed to have sealed the hundis of the said temples and institutions, which read as under:

"�ೕಲ�ಂಡ �ಷಯ ಉ�ೆ�ೕಖ�ೆ� ಸಂಬಂ��ದಂ�ೆ , ¢£ÁAPÀ 20.04.2015 gÀAzÀÄ ªÀiÁ£Àå ಉಪ ��ಾ�ಾ��ಾ�ಗಳ�, �ೆಂಗಳ ರು ಉತ$ರ ಉಪ ��ಾಗ ಮತು$ &ಾನ( ತಹ*ೕ�ಾ+,, �ೆಂಗಳ ರು ಉತ$ರ �ಾಲೂ�ಕು ರವರುಗಳ� ಕಸ�ಾ 0ೋಬ1 �ಾಚರಕನಹ13 �ಾ4ಮದ ಸ.ನಂ.153 ರ ಸ�ಾ5� �ೆ6ೆ ಅಂಗಳದ8� ಅನ�ಕೃತ:ಾ; <=5�ರುವ >ೇವ?ಾ@ನಗಳನುA ಸ�ಾ5ರದ ವಶ�ೆ� ¥ÀqÉAiÀÄÄªÀ ¸À®ÄªÁV ¸ÀÜ¼ÀzÀ°è ºÁdjgÀÄªÀAvÉ w½¹zÀÄÝ, £ÀAvÀgÀ 21-4-2015 gÀAzÀÄ ಸದ� ಅ��ಾ�ಗಳ ಸಮCಮದ8� ಅನ�ಕೃತ:ಾ; <=5�ದ+ �ೋದಂಡ6ಾಮ?ಾD= >ೇವ?ಾ@ನ, ಲEFೕನರ�ಂಹ?ಾD= >ೇವ?ಾ@ನ ಇ?ಾ�H >ೇವ?ಾ@ನ, ಕ<A�ಾ ಪರ�ೕಶD� >ೇವ?ಾ@ನ ಮತು$ ?ಾI �ಾ�ಾ >ೇವ?ಾ@ನ, ಕ�ಾ(ಣ ಮಂಟಪಗಳ� 0ಾಗೂ ಸದ� >ೇವ?ಾ@ನಗ1�ೆ ಸಂಬಂ��ದ ಹುಂLಗಳನುA ಸ�ಾ5ರದ ವಶ�ೆ� ಪMೆಯ�ಾIತು ಮತು$ ಹುಂLಗಳನುA �ೕN &ಾಡ�ಾ;>ೆ .

ೇವ?ಾ@ನಗಳ8� ನMೆಯುO$ರುವ ಪPQಾ �ೈಂಕಯ5ಗಳ� Sನ<ತ(ದಂ�ೆ ನMೆಯಲು ಅನುವT &ಾL�ೊಡ�ಾ;>ೆ 0ಾಗೂ ಸದ� ಸDತ$ನುA ಸ�ಾ5ರ�ೆ� ಪMೆSರುವ ಬ�ೆU VಾಮಫಲಕವನುA ಸಹ 0ಾಕ�ಾ;ರುತ$>ೆ . ಈ ಬ�ೆU YಾವT>ೇ ತಂZೆ ತಕ6ಾರು ಇರುವTSಲ�:ೆಂದು �ಾ4ಮ ಮಹಜ, <ಂದ O1ದುಬರುತ$>ೆ ಎಂಬ �ಷಯವನುA 6ಾಜಸD <�ೕCಕರ ವರS 0ಾಗೂ �ಾ4ಮ ಮಹಜ, VೊಂS�ೆ ಸ8 **�** >ೆ . (ಹುಂLಗ1�ೆ ಅಳವLಸ�ಾ;ರುವ ]ೕಗದ ^ೕಗಳನುA ಲಗO$�>ೆ )."

2. The endorsement further reads that there has been no opposition or objections from anyone whomsoever as

emanating from the mahazar drawn and the report of the revenue officer.

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3. Sri.Sheshagiri Rao, learned counsel appearing for petitioner in W.P.No.18218/2015 refuting the contents of the said communication, draws attention of this Court to the Judgment and Decree passed in O.S.No.6168/1990 as well as in O.S.No.8997/2014, which was initiated by the villagers of Kacharakanahalli against the State, Deputy Commissioner, Tahsildar and certain private individuals. Drawing attention of this Court to the contents of the said judgment, he submits that the religious institutions have been in existence as per the findings in the said judgment since over 500 years. The attempt of the respondent authorities to take over the land on two occasions has been resisted lawfully by the villagers. He also submits that on the second occasion, matter at the instance of the respondent-State was referred to Lok Adalath where the respondent-State had undertaken not to interfere with the affairs of the temple. Inspite of that, close to conclusion of said proceedings, the Assistant Tahsildar, in malafide exercise of his powers and without there being any authority has issued the impugned communication, once again re-igniting the issue which was already settled. He submits proceedings if any were to have been initiated by the Deputy

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Commissioner in terms of Section 67 of the Karnataka Land Revenue Act. Even on that count, the action initiated by respondent-Assistant Tahsildar is one without jurisdiction. He relies upon order dated 12.07.2023 passed by the Co-ordinate Bench of this Court in Writ Petition No.14456/2023 and submits that under identical circumstances the Co-ordinate Bench of this Court while quashing similar communication had directed the authorities to initiate the proceedings in accordance with law. If such order is passed, he submits the purpose of the petition would be served.

4. Learned counsels appearing for the other petitioners adopt the submissions made by learned counsel Sri.Sheshagiri Rao.

5. Learned AGA in response submits that though there has been judgment and decree passed by the trial Court, there was a rider in that the defendants therein were reserved with liberty to initiate proceedings to remove the further encroachments. He submits by the impugned communication, the Tahsildar has only made attempt to remove the further encroachments. He however submits that in the light of the

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NC: 2026:KHC:32199 WP No. 18218 of 2015 C/W WP No. 18219 of 2015 WP No. 18306 of 2015 HC-KAR AND 1 OTHER

order passed by the Co-ordinate Bench of this Court in W.P.No.14456/2023 vide order dated 12.07.2023 and in the light of the provisions of the Karnataka Land Revenue Act, the Deputy Commissioner or competent authority as the case may be would initiate action and pass appropriate orders in accordance with law.

6. In view of the aforesaid facts and submissions made

by learned counsel for the parties, petitions are allowed . Impugned communication dated 22.04.2015 is quashed.

7. The concerned Deputy Commissioner or the competent authority, as the case may be, is/are at liberty to initiate the proceedings with regard to any encroachment strictly in accordance with law and after affording sufficient opportunity to petitioners herein and parties interested and appropriate order in accordance with law shall be passed.

SD/(M.G.S. KAMAL) JUDGE

SBN

Procedural history

How this case reached the court

AI extract

Order under challenge
Communication dated 22.04.2015 issued by the Assistant Tahsildar (R-5) to the Tahsildar, Bangalore North Taluk, claiming to have taken possession of temples and religious institutions on land bearing Sy.No.153 of Kacharakanahalli Village, Kasaba Hobli, on the premise of construction on Government land by encroachment, and to have sealed their hundis.¶109
Assistant Tahsildar, Bangalore North Taluk (Deputy Tahsildar, Nadakacheri, Devarajeevanahalli) · 22.04.2015
Prior proceeding
Judgment and decree in O.S.No.6168/1990 and O.S.No.8997/2014, suits initiated by the villagers of Kacharakanahalli against the State, Deputy Commissioner, Tahsildar and certain private individuals; drawn to the Court's attention by counsel for the petitioner in WP No. 18218/2015.¶117
Prior proceeding
Per counsel's submission, the said judgment contained findings that the religious institutions have been in existence since over 500 years.¶117
Prior proceeding
On the second occasion, the matter at the instance of the respondent-State was referred to Lok Adalath, where the respondent-State undertook not to interfere with the affairs of the temple (per counsel's submission).¶117
Prior proceeding
Learned AGA submitted that the trial Court's judgment and decree carried a rider reserving liberty to the defendants therein to initiate proceedings to remove further encroachments, which the impugned communication purported to pursue.¶121
Prior proceeding
Order dated 12.07.2023 of a Co-ordinate Bench of this Court in Writ Petition No.14456/2023, under identical circumstances, quashing a similar communication and directing the authorities to initiate proceedings in accordance with law; relied upon by counsel for the petitioner.¶119
Prior proceeding
Learned AGA, in the light of the Co-ordinate Bench order in W.P.No.14456/2023 dated 12.07.2023 and the Karnataka Land Revenue Act, submitted that the Deputy Commissioner or competent authority would initiate action and pass appropriate orders in accordance with law.¶124