Full Judgment Text
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NC: 2026:KHC:2696
WP No. 29015 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 19 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO.29015 OF 2023 (GM-R/C)
BETWEEN:
1. YUVAKA SANGHA (R)
REP. BY ITS GENERAL SECRETARY
SRI NAGARAJA REDDY
NO.143, GANDHI BAZAAR
BASAVANAGUDI
BENGALURU-560 004.
…PETITIONER
(BY SRI R.B. SADASHIVAPPA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY
REVENUE DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001.
2. THE EXECUTIVE OFFICER
SRI KARANJI ANJANEYA SWAMY TEMPLE
AND HINDU RELIGIOUIS INSTITUTIONS AND
CHARITABLE ENDOWMENT DEPARTMENT
BASAVANAGUDI
BENGALURU-560 004.
…RESPONDENTS
Digitally
signed by
GEETHA P G
Location:
HIGH
COURT OF
KARNATAKA
(BY SMT. B.P. RADHA, AGA., FOR R.1;
SMT. ANITHA H.R., ADVOCATE FOR R.2)
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NC: 2026:KHC:2696
WP No. 29015 of 2023
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT NO.2 TO EXECUTE REGISTERED
LEASE DEED IN FAVOUR OF THE PETITIONER AS PER THE
GOVERNMENT ORDER BEARING NO. COME E 67 MU A B 2013
DATED 08.06.2021 VIDE ANNEXURE-B ORDER PASSED BY THE
RESPONDENT NO.1., ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
This Court on 12.01.2026 had passed the following
order:-
"This petition is filed by the petitioner seeking
issuance of mandamus to the respondents to
execute or extend term of lease for a period of 30
years in respect of the premises admittedly
belonging to Sri Karanji Anjaneya Swamy Temple
and Hindu Religious Institution. The Petitioner is
basing his relief on a purported Government Order
dated 08.06.2021 produced at annexure- B.
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2. The learned counsel for respondent No.2 on
the other hand, submit that, respondent no. 1
Government has no authority under the provisions
of Rules 30 of Karnataka Hindu Religious Institutions
and Charitable Endowment Rules, 2002, which
mandates, granting of lease of the property
belonging to notified institutions, only by way of
public auction. She also points out to a letter dated
24.06.2023 issued by the Commissioner, Religious
and Charitable Endowment Department, Bengaluru,
addressed to the Secretary, Government of
Karnataka, Department of Revenue, seeking to
withdraw the earlier order.
3. On a query by this Court, learned Additional
Government Advocate submits that the order
produced at Annexure-B to the writ petition has
been passed by the Government. However, she
submits that she will seek necessary instructions
with regard to status of the matter subsequent to
issuance of a letter at Annexure -R2."
2. Today, learned Additional Government Advocate
appearing for respondent No.1 submits that in the light of the
communication issued by the Commissioner, Religious
Endowment Department, Bengaluru dated 24.06.2023 as per
Annexure-R2, the matter will be reconsidered and appropriate
orders will be passed in accordance with law.
3. Sri.R.B.Sadashivappa, learned counsel appearing
for the petitioner on the other hand submits that Annexure-'B'
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HC-KAR
is dated 08.06.2021, in terms of which the Under Secretary to
the Revenue Department had recommended for execution of
the lease deed for a period of 30 years and that the same has
remained unchallenged till date. Therefore, the question of
reconsidering the same would not arise. However, in the light
of subsequent communication at Annexure-R2, he fairly
submits that respondent-Authorities be directed to reconsider
the matter by giving an opportunity to the petitioner in this
regard.
4. Submission is taken on record.
5. The writ petition is disposed of . The Under
Secretary, Department of Revenue (Muzrai) is directed to pass
appropriate orders, taking into consideration the order dated
08.06.2021 produced at Annexure-'B' as well as the
communication dated 24.06.2023 produced at Annexure-'R2'.
6. Respondent No.1 shall also give an opportunity of
personal hearing to the petitioner before passing such order.
Such order shall be passed within a period of 60 days from the
date of receipt of a certified copy of this order.
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7. It is made clear that no precipitative action shall be
taken against the petitioner till disposal of the matter, as
directed above.
Sd/-
(M.G.S. KAMAL)
JUDGE
VMB
List No.: 1 Sl No.: 5