S MALLESHAPPA vs THE DEPUTY COMMISSIONER

Court
Karnataka High Court

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NC: 2026:KHC:56390
WP No. 1237 of 2024


CNR: KAHC010021052024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 8 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO. 1237 OF 2024 (GM-R/C)

BETWEEN:

1. S MALLESHAPPA
S/O LATE POOJAR SANNA MALLAPPA,
AGED ABOUT 74 YEARS,

2. RANGANATHAPPA
S/O LATE POOJAR SANNA MALLAPPA,
AGED ABOUT 71 YEARS,

3. ESWARAPPA
S/O LATE POOJAR SANNA MALLAPPA,
AGED ABOUT 66 YEARS,

4. SRIKANTAPPA
S/O LATE POOJAR SANNA MALLAPPA,
AGED ABOUT 63 YEARS,

PETITIONERS NO.1 TO 4 ARE RESIDING AT
OJUKUNTE VILLAGE,
KASABA HOBLI, SIRA TALUK - 572 137
TUMKUR DISTRICT

5. RANGASHAMANIAH
S/O HOTTE RAAGAPPA
AGED ABOUT 75 YEARS,
RESIDING AT SANTEPETE,
SIRA TOWN, TUMKUR DISTRICT











Digitally signed by
PAVITHRA B
Location: HIGH
COURT OF
KARNATAKA

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6. S VISHWANATHA
S/O LATE M R SHIVANNA,
AGED ABOUT 54 YEARS,
RESIDING AT NO 48, 1ST CROSS,
SHANTHIVANA SAHAKARINAGAR POST,
BANGALORE - 560 092
…PETITIONERS
(BY SRI. SARASWATHI M., ADVOCATE)
AND:

1. THE DEPUTY COMMISSIONER
TUNKUR DISTRICT,
TUMKUR - 571 436

2. THE TAHSILDAR
SIRA, SIRA TALUK,
TUMKUR DISTRICT - 571 436

3. THE SUB REGISTRAR
SIRA, SIRA TALUK,
TUMKUR DISTRICT - 571 436

4.
YAJAMMA M MALLESHAPPA
S/O LATE R MALLEGOWDA,
AGED ABOUT 59 YEARS,
R/AT MARUTHINAGAR,
SANTEPETE, SIRA - 572 137
TUMKUR DISTRICT

5. SRI R RANGANATHAIAH
S/O LATE V RANGANNA,
AGED ABOUT 66 YEARS,
R/AT KALLEMBELLA, KALLEMBELLA HOBLI,
SIRA TALUK, TUMKUR DISTRICT - 572 137

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6. PATEL D LAKSHMIKANTAPPA
S/O LATE PATEL DODDAMALLEGOWDA,
AGED ABOUT 52 YEARS,
R/AT JYOTHI NAGAR,
SIRA - 572 137
TUMKUR DISTRICT

7.
SRI MAHALINGAPPA P
S/O LATE PATHALINGAPPA,
AGED ABOUT 64 YEARS,
RESIDING AT BALAJI NAGAR,
MANJUSRI CONVENT ROAD,
SIRA TALUK, TUMKUR DIST - 572 137.

8. SRI P MALLANNA
S/O PARVATHAPPA,
AGED ABOUT 68 YEARS,
RESIDING AT KARPEHALLI,
DODDERI HOBLI, MADHUGIRI TALUK,
TUMKUR DIST - 572 132.

9.
SRI PRUSHOTHAM BHUPAL
S/O YAJAMAN B. J. UGRAPPA GOWDA,
AGED ABOUT 38 YEARS,
RESIDING AT BANDEREHALLI,
M. RAYAPURAM
ANDRA PRADESH - 515 271

10. SRI H D NAGARAJU
S/O DODDAMMALLAPPA,
AGEDA BOUT 64 YEARS,
RESIDING AT KESHAVANAGAR,
SIRA TOWN,TUMKUR DIST - 572 137.

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11. SRI SANNAMALLAPPA M
S/O LATE MALLESHAPPA,
AGED ABOUT 50 YEARS,
KARPEHALLI, DODDERI HOBLI,
MADHUGIRI TALUK - 572 132,
TUMKUR DIST.

12.
SRI B R SURESH
S/O B R RAMAIAH,
AGED ABOUT 59 YEARS,
RESIDING AT BASAVANTHANALLI,
KALLEMBALLA HOBLI - 572 125,
SIRA TALUK, TUMKUR DIST.

13. SRI GURUPRASAD K R
S/O K P RAJANNA,
AGED ABOUT 40 YEARS,
RESIDING AT KUNTEGUDANAHALLI,
KALLEMBALLA HOBLI,
SIRA TALUK, TUMKUR DIST - 572 135.

14.
SRI ESHWARAPPA
S/O LATE PATHALINGAPPA,
AGED ABOUT 48 YEARS,
RESIDING AT HONENAHALLI,
BUKAPATANA HOBLI,
SIRA TALUK, TUMKUR DIST - 572 137.

15. SRI R DAYANADA
S/O RANATHAPPA,
AGED ABOUT 40 YEARS,
RESIDING AT MUKANAHALLI,
KASABA HOBLI,
SIRA TALUK, TUMKUR DIST. - 572 137

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16. SRI LAKAMANNA
S/O LATE MALLAIAH,
AGED ABOUT 50 YEARS,
RESIDING AT KENGANAHALLI,
KALLEMBALLA HOBLI,
SIRA TALUK, TUMKUR DIST. - 572 135

17.
SRI LOKESH R
S/O RAMANNA,
AGED ABOUT 33 YEARS,
RESIDING AT OJUGUNTE,
KASABA HOBLI,
SIRA TALUK, TUMKUR DIST.

18. SRI NAGARAJU S R
S/O LATE RANGASAMAIAH,
AGED ABOUT 68 YEARS
RESIDING AT SANTEPETE,
SIRA TALUK, TUMKUR DIST.
…RESPONDENTS

(BY SRI. M. SRINIVAS KUMAR, HCGP FOR R1 TO R3
SRI. KIRAN KUMAR D.K., ADVOCATE FOR R4 TO R18)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TRUST
DEED FORMED IN THE NAME OF SRI MALLESHWARA SWAMY
AND SRI RANGANATHA SWAMY SEVA TRUST (R) DTD
19.09.2023 REGISTERED AS REG.NO.236/2023, ENTERED IN
BOOK NO.4, BEFORE THE R3 IN FAVOUR OF R4 TO 18 AS PER
ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

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ORAL ORDER
The petitioners are before this Court seeking the
issuance of a writ of certiorari to quash the Deed of Trust
dated 19.09.2023, registered in the name of “Sri.
Malleshwara Swamy and Sri. Ranganatha Swamy Seva
Trust (R)” as Reg. No.236/2023, entered in Book No.4 in
the Office of respondent No.3, for the benefit of
respondent Nos.4 to 18, vide Annexure-A.
2. Learned counsel for the petitioners submits that
the dispute relating to the management and the
performance of pooja of the Sri. Malleshwara Swamy and
Sri. Ranganatha Swamy Seva Trust at Ojugunte Village,
Sira Taluk, Kasba Hobli, Tumakuru District, was the
subject matter of Original Suit No.216/2004 and R.A.
No.50/2009. The said dispute is presently the subject
matter of R.S.A. No.1699/2010, wherein the following
interim order was passed on 04.10.2010, which reads as
follows:

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“The respondents shall not interfere in
any manner with the performance of
poojas, other rituals as is being done

in the temple by the appellants and
other traditions and at the same time,
the appellants shall also not prevent
the respondent from exercising rights
conferred on them in the
administration of the temple known as
administrators (yajamana) in respect
of the suit properties.
This order is an interim measure at
this juncture with liberty to both sides
to seek further relief If necessary.
Misc.Cvl. No.17218/10 is disposed of
accordingly.”

3. It is the contention of the learned counsel for
the petitioners that in utter violation of the interim order
passed in RSA No.1699/2010, the impugned Deed of Trust
was registered for the purpose of managing and
performing the poojas and other rituals of the temple in
question.
4. On the other hand, the learned counsel
appearing for respondent Nos.4 to 18 submits that the
interim order passed in the aforesaid Regular Second

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Appeal was only in relation to the performance of poojas
and rituals and is not relating to the management and
administration of the temple or the Trust.
5. Be that as it may, if there is any violation of the
interim order passed in RSA No.1699/2010, the remedy
available to the petitioners is to file appropriate application
in the pending Regular Second Appeal and not by filing a
separate writ petition seeking to quash the registered
Deed of Trust. A registered Deed of Trust cannot be
quashed in exercise of power under Article 226 of the
Constitution of India.
6. Accordingly, this Court is of the opinion that the
present writ petition questioning the registered Deed of
Trust cannot be maintained. The execution of registered
Deed of Trust would not come within the purview of
judicial review of administrative action. Therefore, the writ
petition is dismissed as not maintainable, with liberty

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to the petitioners to avail any other remedies in
accordance with law.
7. In the light of the disposal of the writ petition,
no orders are required to be passed on I.A.No.1/2024.
Accordingly, I.A.No.1/2024 is dismissed .



Sd/-
(T.P.VIVEKANANDA)
JUDGE



SMC
List No.: 1 Sl No.: 12