SURESH K vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60227
WP No. 11253 of 2026
CNR: KAHC010258492026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 11253 OF 2026 (GM-R/C)
BETWEEN:
1. SURESH K
S/O KRISHNAMURTHY,
AGED ABOUT 32 YEARS.
2. K.R.DEEPU,
S/O RAJGOPAL,
AGED ABOUT 37 YEARS,
3. KESHAV MURTHY K.S.
S/O SRIPATHAIAH,
AGED ABOUT 56 YEARS.
4. PURSHOTHAM G
S/O GUNDAPPA,
AGED ABOUT 54 YEARS.
5. NARASIMHARAJU K.S
S/O SAMPATH KUMAR,
AGED ABOUT 38 YEARS.
ALL ARE R/AT KAMMASANDRA VILLAGE,
DASANPURA HOBLI, LAKSHMIPURA POST,
BENGALURU NORTH TALUK,
BENGALURU-562123.
…PETITIONERS
(BY SRI. K V NARASIMHAN.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
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DEPARTMENT OF REVENUE (MUJRAI),
M.S.BUILDING,
BENGALURU- 560001
2. THE COMMISSIONER,
HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS,
CHAMARAJPET, BENGALURU-560018.
3. ADDITIONAL DEPUTY COMMISSIONER,
AND DEPUTY COMMISSIONER-
DEPARTMENT OF HINDU RELIGIOUS
INSTITUTIONS AND
CHARITABLE ENDOWMENTS,
BENGALURU URBAN DISTRICT,
BANGALORE DISTRICT- 560001.
4. TAHSILDAR,
BENGALURU NORTH TALUK,
KANADAYA BHAVANA, GROUND FLOOR,
K.G.ROAD, BENGALURU- 560001.
5. SHRIRANGACHARYA,
S/O KAMBADA NARASIMHAIAH
ABOUT 60 YEARS.
6. K.LAKSHMIPATHI,
S/O KAMBADA NARASIMHAIAH
AGED ABOUT 55 YEARS.
7. K.BHASKAR,
S/O KAMBADA NARASIMHAIAH
AGED ABOUT 50 YEARS.
SINCE DEAD REPRESENTED BY HIS LRS
7(A) SMT. SUJATHA,
W/O BHASKAR,
AGED ABOUT 51 YEARS.
7(B) KUMARI. MOKSHADA,
D/O BHASKAR,
AGED ABOUT 19 YEARS.
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WP No. 11253 of 2026
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7(C) MASTER. SRINIDHI,
S/O BHASKAR,
AGED ABOUT 16 YEARS.
SINCE MINOR REPRESENTEDBY
MINOR GAURDAIN RESPONDENT NO.7(A).
ALL ARE R/AT 37, BANDE HOSURU,
KANNURU POST, BENGALURU -562149.
8. K. PURSHOTHAM,
S/O KAMBADA NARASIMHAIAH
AGED ABOUT 45 YEARS.
9. K.SRIDHAR,
S/O KAMBADA NARASIMHAIAH
AGED ABOUT 40 YEARS.
10. K. NARASIMHAIAH,
S/O KAMBADA NARASIMHAIAH
AGED ABOUT 35 YEARS.
11. RAM MURTHY K.S
S/O SRIPATHAIAH,
AGED ABOUT 58 YEARS.
ALL ARE R/AT NO.37 BANDE HOSURU,
KANNURU POST,
BENGALURU-562149.
RESPONDENTS
(BY SRI. ASHOKA T., ADVOCATE FOR C/R5;
SRI. HARISHA A.S., AGA FOR R1 TO R4;
SRI. G.T. SRINIVAS.,ADVOCATE FOR R11;
NOTICE TO R10 IS SERVED AND UNREPRESENTED;
V/O DTD 18.06.2026 NOTICE TO R8 AND R9 IS H/S;
V/O DTD 29.08.2026, SERVICE OF NOTICE ON R6 IS H/S.)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER AT ANNX-L BEARING NO. DVS(B)
CR.03/2005-06 DTD. 26.03.2026 PASSED BY THE R-3 AND
ETC,.
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WP No. 11253 of 2026
CNR: KAHC010258492026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petition is filed seeking for the following
reliefs:
"a) Issue a writ of certiorari or any other appropriate
writ, order direction quashing the impugned order at
Annexure-L bearing No. DVS(B) CR.03/2005-06
dated 26.03.2026 passed by the respondent No.3
b) Issue a writ of certiorari or any other appropriate
writ, order direction quashing the memorandum
dated 06.04.2026 issued by the respondent No.4 at
Annexure-N bearing No.DVS.CR.23/2025-26
c) Grant such other and further relief as this Hon'ble
Court deems fit and proper under the facts and
circumstance of case, in the interest of justice and
equity."
2. The petitioners seek to assail the order dated
26.03.2026 (Annexure-L to the writ petition) passed by
respondent No.3 - Additional Deputy Commissioner as well as
the subsequent memorandum dated 06.04.2026 (Annexure-N
to the writ petition) passed by respondent No.4 - Tahsildar.
3. In the writ petition at paragraph No.13 the
petitioners have averred that the remedy of the petitioners was
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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to file a revision petition before respondent No.2 -
Commissioner and that since there was no sitting of the
Commissioner, the present writ petition is filed.
4. The impugned order dated 26.03.2026 has been
passed consequent to the order dated 27.03.2023 passed in
WP.Nos.15119/2022 C/w 34094/2017 (Annexure-G to the writ
petition) which has been affirmed vide order dated 07.12.2024
passed in WA.No.874/2023 (Annexure-J to the writ petition)
wherein the appeal was filed by respondent No.5 herein.
5. This Court vide interim order dated 08.04.2026
ordered as under:
"Heard learned counsel for the petitioners, learned
AGA and learned counsel for the private
respondents.
Learned counsel appearing for the petitioners, taking
this Court through the impugned order, would
submit that respondent No.3, while appointing
respondent No.5 as a hereditary archaka, has placed
reliance on an earlier order dated 22.04.2021. It is
contended that the said order has already been set
aside by this Court in W.P.No.15119/2022, as
evidenced by Annexure-“G”. Therefore, the very
foundation on which the impugned order rests is
non-existent in the eye of law.
Learned counsel would further contend that there
were serious allegations against respondent No.5 as
well as his father, namely, Kambada Narasimhaiah.
However, the authority, while passing the impugned
order, has proceeded on an erroneous assumption
that there are no allegations against respondent
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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No.5 and has thereby concluded that there is no
impediment to appoint him as a hereditary archaka.
These two factual aspects, on a prima facie
examination, appear to run contrary to the material
on record.
The matter, therefore, requires consideration. This
Court also takes cognizance of the submission that
the petitioners, by way of rotational arrangement,
are entitled to discharge the duties of archaka till
July 2026. In the backdrop of these significant
aspects, this Court is of the view that the impugned
order warrants interim interference.
Accordingly, the operation and execution of the
impugned order dated 26.03.2026 passed by
respondent No.3 and the memorandum dated
06.04.2026 issued by respondent No.4, produced at
Annexures “L” and “N”, respectively, shall remain
stayed till the next date of hearing.
Liberty is reserved to respondent No.5 to file
statement of objections, produce relevant supporting
documents and thereafter seek vacation of the
interim order.
Learned Additional Government Advocate accepts
notice for respondent Nos.1 to 4.
Issue emergent notice to respondent Nos.6 to 11."
6. It is clear that this Court had granted stay of the
impugned order dated 26.03.2026 and memorandum dated
06.04.2026. The private respondents have filed an application
IA No.2/2026 for vacating stay.
7. Having regard to the aforementioned factual matrix,
in view of the admitted position that the remedy of a revision
petition is available to the petitioners under Section 63 of the
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 11253 of 2026
CNR: KAHC010258492026
Karnataka Hindu Religious Institutions and Charitable
1
Endowments Act, 1997 , it is expedient that the petitioners be
permitted to file the revision assailing the impugned order
dated 26.03.2026 and the Revisional Authority be permitted to
adjudicate the matter. Accordingly, the petitioners are
permitted to file the revision petition on or before 12.11.2026.
8. In the event, the revision petition is filed on or
before the said date, the same shall be entertained by the
Revisional Authority without raising the issue of delay /
limitation.
9. Along with the revision petition, the petitioners shall
also be permitted to seek for appropriate ad-interim relief. Until
consideration of the ad-interim relief by the Revisional
Authority the interim order dated 08.04.2026 staying the
impugned order dated 26.03.2026 and memorandum dated
06.04.2026 shall continue.
10. This order is without prejudice to the rights and
contentions of both parties.
1
Hereinafter referred to as 'Act'
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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11. The Revisional Authority shall adjudicate the matter
on its merits, uninfluenced by proceedings before this Court.
12. All rights and contentions of parties in that regard
are kept open.
13. The writ petition is disposed of in the
aforementioned terms.
14. The Revisional Authority shall endeavor to
adjudicate the interim relief and the main proceedings as
expeditiously as possible having regard to long period of time
during which the litigation between the parties are pending.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
(C.M. POONACHA)
JUDGE
PNV
List No.: 1 Sl No.: 37