PIL challenging a Deputy Commissioner's order permitting industrial stone mining on land claimed to belong to a temple. The court found the Jamabandi column No.5 entry was only an estate description and private proprietors were recorded in column No.3; no title documents proved temple ownership.
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NC: 2026:KHC:31766-DB WP No. 28370 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.28370 OF 2024 (GM-MM_S)
BETWEEN:
AGED ABOUT 64 YEARS, S/O K.N. AIYAMMA
THE PRESIDENT OF CAUVERY SENE (R)
SHANTHA COMPLEX, TEMPLE ROAD, MADIKERI - 571 201. KODAGU DISTRICT.
Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka
KODAGU DISTRICT.
…PETITIONERS
(BY SRI. K.S. BHEEMAIAH, ADVOCATE)
AND:
HC-KAR
BENGALURU - 560001.
PROPRIETOR OF SHANTHIGIRI ESTATE, SUNTTICOPPA VILLAGE, KUSHALNAGAR TALUK, KODAGU DISTRICT - 571234.
RESIDENT OF SUNTTICOPPA VILLAGE, KUSHALNAGAR TALUK, KODAGU DISTRICT - 571234.
HC-KAR
(R-13 IS DELETED VIDE COURT ORDER DATED 13.06.2025)
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 7; SRI ABHIJIT HARANAHALLI, ADVOCATE FOR R-8 TO R-12; V/O. DATED 13.06.2025, R-13 IS DELETED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE MEMORANDUM/ORDER DATED 05.03.2022, PASSED BY THE DEPUTY COMMISSIONER-THE RESPONDENT NO.5, VIDE ORDER NO.299731, DATED 05.03.2022, THEREBY GRANTED PERMISSION FOR CONVERSION OF 10 ACRES OF LAND FROM AGRICULTURAL TO INDUSTRIAL-STONE MINING ACTIVITIES IN THE NAME OF RESPONDENTS NOS.8 TO 12, IN THE LANDED PROPERTY BEARING SY.NO.54, OF KANBAIL-BYCHANAHALI VILLAGE, SUNTTRICOPPA HOBLI, KUSHALNAGAR TALUK, KODAGU DISTRICT, WHICH IS ORIGINALLY BELONGS TO NANDIPURABASAVESHWARA TEMPLE OF THAT VILLAGE, WHICH IS AT ANNEXURE-H AND ETC.
NC: 2026:KHC:31766-DB WP No. 28370 of 2024
HC-KAR
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
(PER: HON'BLE MRS. JUSTICE K.S. HEMALEKHA)
HC-KAR
owner of the temple property, and therefore, the private parties could not have acquired title over the land. It is stated that the present entries in favour of respondent Nos.8 to 12 are alleged to be fraudulent and unsupported by any valid title documents. Further that the conversion order dated 05.03.2022, permitting use of land for industrial stone mining was granted without verifying the validity of the documents and ownership of the schedule land.
NC: 2026:KHC:31766-DB WP No. 28370 of 2024
HC-KAR
rely on Jamabandi records at Annexure-C and assert that these records demonstrate that the schedule land originally belonged to Nandipurada Basaweshwara Temple and is attached to Sy.No.38/1. The important aspect is that the petitioners have proceeded on the premise that the words "Nandipurada Basaweshwara Temple", appeared in column No.5, establishes the schedule land belongs to the temple. However, the very Jamabandi relied upon demonstrates otherwise:
pattedar/proprietor or holder of the recognized share.
Pherson Doresani, D. King, Major M. Robert Dulgreece, Major J. P. White sahib etc. and not the temple.
HC-KAR
therefore, an entry such as "Hitlumanedala of kaligadde category of Nandipurada Basaweshwara Temple", can reasonably be read as a description of estate, garden, malai or locality, whereas the ownership is separately reflected in column No.3.
In respect of Sy. No. 54
| JAMABANDI SURVEY NO.54 |
NAME OF THE WARGADAR, PROPRITOR OR LEASEHOLDER OF GARDEN, PLANTATION OR MALAI AS PER JAMABANDI (COLUMN NO.3) |
NAME OF GARDEN, PLANTATION OR MALAI AS PER JAMABANDI (COLUMN NO.5) |
|---|---|---|
| 1922-28 | M. Henryf mc Pherson doresani | Holadawade belonging to said category |
| 1928-33 | M. Henryf mc Pherson doresani & D. King |
Holadawade belonging to said category |
| 1933-38 | D. King & Major M Robert Dulgreece |
Holadawade belonging to said category |
| 1938-41 | Major M Robert Dulgreece | Holadawade belonging to said category |
| 1942-46 | M. Henryf mc Pherson doresani & Major J. P. White sahib |
Holadawade belonging to said category |
| 1946-51 | Major J. P. White saheb | Holadawade belonging to said category |
HC-KAR
| 1951-56 | Major J. P. White sahib & Messares Maengalles & Brothers |
Holadawade belonging to said category |
|---|---|---|
| 1958-79 | Messares Maengalles & Brothers, The Blue Mountain Estates Ltd. Madras & Sri N. Sathappan, Sri N. Ramaswamy, Sri N. Subramaniam, Sri N. Annamalai and Smt. N. Umayal Achi |
Holadawade belonging to said category |
In respect of Sy. No. 38/1
| JAMABANDI SURVEY NO.38/1 |
NAME OF THE WARGADAR, PROPRITOR OR LEASEHOLDER OF GARDEN, PLANTATION OR MALAI AS PER JAMABANDI (COLUMN NO.3) |
NAME OF GARDEN, PLANTATION OR MALAI AS PER JAMABANDI (COLUMN NO.5) |
|---|---|---|
| 1922-28 | M. Henryf mc Pherson doresani | Hitlumanedala of kaligadde category of Sy. No. 12 Nandipurada Basaveshwara temple |
| 1928-33 | M. Henryf mc Pherson doresani & D. King |
Hitlumanedala of kaligadde category of Sy. No. 12 Nandipurada Basaveshwara temple |
| 1933-38 | D. King & Major M Robert Dulgreece |
Hitlumanedala of kaligadde category of Sy. No.12 Nandipurada Basaveshwara temple |
| 1938-42 | Major M RobertDulgreece | Hitlumanedala of |
HC-KAR
| kaligadde category of Sy. No. 12 Nandipurada Basaveshwara Temple |
||
|---|---|---|
| 1941-46 | M. Henryf mc Pherson doresani & Major J. P. White saheb |
Hitlumanedala of kaligadde category of Sy. No.12 Nandipurada Basaveshwara temple |
| 1946-51 | Major J. P. White saheb | Hitlumanedala of kaligadde category of Sy. No. 12 Nandipurada Basaveshwara temple |
| 1951-56 | Major J. P. White sahib & Messares Maengalles & Brothers (renumbered as Sy. No.38/3 to an extent of 1.80 Acres) |
Hitlumanedala of kaligadde category of Sy. No. 12 Nandipurada Basaveshwara temple |
| 1958-79 | Miss Carmeth White (5.12 Acres) |
Hitlumanedala of kaligadde category of Sy. No.12 Nandipurada Basaveshwara temple |
HC-KAR
proprietors, while column No.5 describes the garden or estate as "Hitlumanedala of Kaligadde category of Sy.No.12, Nandipurada Basaweshwara Temple".
HC-KAR
the year 1974. The conversion order was issued on 05.03.2022. the quarrying activities are stated to be carried on after obtaining the requisite statutory permission.
Sd/(VIBHU BAKHRU) CHIEF JUSTICE
Sd/(K.S. HEMALEKHA) JUDGE
AT List No.: 1 Sl No.: 28
2 issues framed by the court
Whether the Jamabandi entry naming 'Nandipurada Basaweshwara Temple' in column No.5 established temple ownership of Sy.No.54.
Whether the conversion order dated 05.03.2022 permitting industrial stone mining was liable to be quashed.
1 provisions across 1 enactments
K.A. Ravi Chengappa
Malavanda G. Poonacha
The Chief Secretary to the Government of Karnataka
The Principal Secretary-Revenue, Govt. of Karnataka
The Director, Department of Mines and Geology
The Senior Geologist, Department of Mines and Geology
Vibhu Bakhru
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
