Karnataka High Court
Sri Ravi S/O Bharamappa Khodanapur vs The State Of Karnataka on 6 January, 2026
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA
AT DHARWAD
DATED THIS THE 6TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.105242 OF 2023 (GM-TEN)
C/W
WRIT PETITION NO.105232 OF 2023
WRIT PETITION NO.105241 OF 2023
WRIT PETITION NO.105318 OF 2023
IN WRIT PETITION NO.105242 OF 2023
BETWEEN:
SHRI. JOGULABHAVI SATYAMMA DEVI DEVASTHAN,
REPRESENTED BY ITS DHARMIKA
PARISHAT CONSISTING OF
Digitally signed by
SAMREEN AYUB
DESHNUR 1. SRI. SHIVANAND S/O. CHANNAPPA HUGAR,
Location: HIGH PRESIDENT OF THE DHARMIKA PARISHAT,
COURT OF
KARNATAKA AGE: 44 YEARS,
OCC: POOJA AND HOOGARIKE OF TEMPLE
R/O: SAUNDATTI, TAL: SAUNDATTI,
DIST: BELAGAVI - 591126.
2. SRI. PRAKASH S/O. MALLIKARJUN PUJAR,
VICE-PRESIDENT OF THE DHARMIKA PARISHAT,
AGE: 42 YEARS, OCC: POOJA OF THE TEMPLE,
R/O: SAUNDATTI, TAL: SAUNDATTI,
DIST: BELAGAVI - 591126.
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
3. SRI. APPAYYA S/O. SHEKHANNA HUGAR,
SECRETARY OF THE DHARMIKA PARISHAT,
AGE: 31 YEARS, OCC: HOOGARIKE OF THE TEMPLE
R/O: SAUNDATTI, TAL: SAUNDATTI,
DIST: BELAGAVI - 591126.
4. SRI. RAVI S/O. SHIVAPUTRAPPA HUGAR,
TREASURER OF THE DHARMIKA PARISHAT,
AGE: 42 YEARS, OCC: HOOGARIKE OF THE TEMPLE,
R/O: SAUNDATTI, TAL: SAUNDATTI,
DIST: BELAGAVI - 591126.
5. SRI. SHIVAPUTRAPPA S/O. PARAPPA HUGAR,
MEMBER OF THE DHARMIKA PARISHAT,
AGE: 68 YEARS, OCC: HOOGARIKE OF THE TEMPLE,
R/O: SAUNDATTI, TAL: SAUNDATTI,
DIST: BELAGAVI - 591126.
6. SRI. SUBHASHSINGH S/O. IRASINGH RAJPUT,
MEMBER OF THE DHARMIKA PARISHAT,
AGE: 59 YEARS, OCC: SEVA OF THE TEMPLE
R/O: SAUNDATTI, TAL: SAUNDATTI,
DIST: BELAGAVI - 591126.
7. SRI. ANDUSINGH S/O. JAISINGH RAJPUT,
MEMBER OF THE DHARMIKA PARISHAT,
AGE: 44 YEARS, OCC: SEVA OF THE TEMPLE,
R/O: SAUNDATTI, TAL: SAUNDATTI,
DIST: BELAGAVI - 591126.
8. SRI. MAHABALESHWAR S/O. CHAMBANNA HUGAR,
MEMBER OF THE DHARMIKA PARISHAT,
AGE: 32 YEARS, OCC:SEVA OF THE TEMPLE,
R/O: SAUNDATTI, TAL: SAUNDATTI,
DIST: BELAGAVI - 591126.
9. SRI. UDAY S/O. ANNAPPA HUGAR,
MEMBER OF THE DHARMIKA PARISHAT,
AGE: 46 YEARS, OCC: SEVA OF THE TEMPLE,
R/O: BYEPASS ROAD, AMBEDKAR NAGAR,
R/O: SAUNDATTI, TAL: SAUNDATTI,
DIST: BELAGAVI - 591126.
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
...PETITIONERS
(BY SRI. F.V. PATIL, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER AND
PRESIDENT OF NAVALGUND SHIRASANGI TRUST,
BELAGAVI - 590001, TAL: AND DIST: BELAGAVI.
2. THE SARDESAI NAVALGUND SHIRASANGI
CHARITABLE TRUST FUND COMMITTEE,
REPRESENTED BY ITS SECRETARY,
HAVING ITS OFFICE AT OLD ZILLA PANCHAYAT BUILDING,
COURT COMPOUND, BELAGAVI-591126.
...RESPONDENTS
(BY SMT. SHWETA R.KULKARNI, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
i) ISSUE WRIT IN THE NATURE OF CERTIORARI
QUASHING THE TENDER NOTIFICATION BEARING
NO.KRA.SAN.N.S.T.C.R-09/2023-24 (PÀæ.¸ÀA.J£ï.J¸ï.n.¹.Dgï-
09/2023-24) DATED 1/08/2023 PUBLISHED IN THE
VIJAYAVANI KANNADA NEWSPAPER, BELAGAVI
EDITION ON 03/08/2023 ISSUED BY RESPONDENT
NO.1 AND 2 VIDE ANNEXURE-G.
ii) ISSUE AN APPROPRIATE DIRECTION TO THE 2ND
RESPONDENT TRUST TO REFUND THE ENTIRE AMOUNT
COLLECTED ILLEGALLY AND WITHOUT ANY AUTHORITY
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
ALONG WITH APPROPRIATE INTEREST WHICH CAN BE
UTILISED FOR THE DEVELOPMENTAL ACTIVITY OF THE
TEMPLE TO CATER TO THE NEEDS OF THOUSANDS OF
DEVOTEES OF THE PETITIONER TEMPLE IN THE
INTEREST OF JUSTICE AND EQUITY.
iii) DECLARE THAT THE REGISTRATION OF THE 2ND
RESPONDENT AS PRIVATE TRUST IS BEING CONTRARY
TO ARTICLE 13 AND ARTICLE 26 OF THE
CONSTITUTION OF INDIA.
iv) AND ANY OTHER RELIEF WHICH DEEMS FIT IN THE
INTEREST OF JUSTICE.
IN WRIT PETITION NO.105232 OF 2023
BETWEEN:
ASHOK S/O. BABURAO MOKASHI,
SINCE DECEASED BY HIS LR'S,
1 (A) SAROJINI W/O. ASHOK MOKASHI,
AGE. 52 YEARS, OCC. HOUSE WIFE,
R/O. MOKASHI ONI, SAUNDATTI,
TQ. SAUNDATTI, DIST. BELAGAVI-591126.
1 (B) MARUTI S/O. ASHOK MOKASHI,
AGE. 24 YEARS, OCC. HOUSE WIFE,
R/O. MOKASHI ONI, SAUNDATTI,
TQ. SAUNDATTI, DIST. BELAGAVI-591126.
1 (C) SHOBHA S/O. SANTOSH HAIBATI,
AGE. 22 YEARS, OCC. HOUSE WIFE,
BELAGAVI ROAD, HORGIN CUTTIGERI,
GANESH NAGAR HALIYAL TQ. HALIYAL,
DIST. UTTAR KANNADA-581329.
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
1 (D) SUNIL S/O. ASHOK MUKASHI,
AGE. 21 YEARS, OCC. HOUSE WIFE,
R/O. MOKASHI ONI, SAUNDATTI,
TQ. SAUNDATTI, DIST. BELAGAVI-591126.
...PETITIONERS
(BY SRI. K.ANANDKUMAR, ADVOCATE)
AND:
SARADESAI NAVALGUND SHIRASANGI
CHARITABLE TRUST FUND COMMITTEE,
OLD ZILLA PANCHAYAT BUILDING COURT PREMISES,
BELAGAVI-590001, REPT. BY CHAIRMAN/
DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI.
...RESPONDENT
(BY SMT. SHWETA R.KULKARNI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
i) ISSUE A WRIT IN THE NATURE OF CERTIORARI
THEREBY QUASHING THE IMPUGNED NOTIFICATION
BEARING NO. KRA.SAM.N.S.T.C.R-09/2023-24
DATED. 01-08-2023 ISSUED PASSED BY THE
RESPONDENT AS AT ANNEXURE-A IN THE INTEREST
OF JUSTICE AND EQUITY.
ii) II) ISSUE ANY OTHER ORDER, WRIT OR DIRECTION
AS THIS HONBLE COURT DEEMS FIT IN VIEW OF THE
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
FACTS AND CIRCUMSTANCES OF THE CASE STATED
ABOVE IN THE INTEREST OF JUSTICE AND EQUITY.
IN WRIT PETITION NO.105241 OF 2023
BETWEEN:
GANGADHARAYYA S/O. GURUPADAYYA BANGARIMATH,
AGED ABOUT 68 YEARS, OCC. COCONUT BUSINESS,
R/O. PHADKI PURAM, SAUNDATTI,
TQ. SAUNDATTI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. GURUDEV I.GACHCHINMATH, ADVOCATE)
AND:
THE DEPUTY COMMISSIONER,
CHAIRMAN, NAVALGUND-SHIRASANGI TRUST,
BELAGAVI, TQ. AND DIST. BELAGAVI-590001.
...RESPONDENT
(BY SMT. SHWETA R.KULKARNI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF HE CONSTITUTION OF INDIA, PRAYING TO,
a) QUASH THE IMPUGNED TENDER NOTIFICATION DATED
1-8-2023 BEARING NO.NSTCR-09/2023-24 PRODUCED
AS ANNEXURE-C ISSUED BY THE RESPONDENT BY
ISSUE OF WRIT OF CERTIORARI OR ANY OTHER
SUITABLE WRIT OR ORDER OR DIRECTIONS.
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
b) GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT
DEEMS FIT UNDER THE CIRCUMSTANCES OF THE
PRESENT CASE INCLUDING AN ORDER FOR COSTS MAY
KINDLY BE PASSED IN THE INTEREST OF JUSTICE AND
EQUITY.
IN WRIT PETITION NO.105318 OF 2023
BETWEEN:
SRI. RAVI S/O. BHARAMAPPA KHODANAPUR,
AGE. 40 YEARS, OCC. AGRICULTURIST,
R/O. HOLLAR ONI, SAUNDATTI,
TQ. SAUNDATTI, DIST. BELAGAVI-591126.
...PETITIONER
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
PUBLIC WORKS DEPARTMENT AND
INLAND WATER TRANSPORT DEPARTMENT,
VIKASA SOUDHA, BENGALURU,
BY ITS PRINCIPAL SECRETARY, 560001.
2. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT, BELAGAVI-590001.
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
BELAGAVI-590001.
4. THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DIVISION
BELAGAVI-590001.
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
5. THE DEPUTY COMMISSIONER
AND CHAIRMAN, SIRDESAI NAVALGUND
SIRSANGI TRUST, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4;
SMT. SHWETA R.KULKARNI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
a. A WRIT IN THE NATURE OF CERTIORARI OR ANY
OTHER WRIT OR ORDER OR DIRECTION
QUASHING THE NOTIFICATION DT. 1.8.2023
BEARING NO.N.S.T.C.R 09/23-24 ISSUED BY THE
RESPONDENT NO.5 PRODUCED AS ANNEXURE-A.
b. SUCH OTHER WRIT OR ORDER OR DIRECTION AS
DEEMS FIT UNDER THE FACTS AND
CIRCUMSTANCE OF THE CASE, INCLUDING AN
ORDER FOR COSTS MAY KINDLY BE PASSED, IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS
DAY, COMMON ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
ORAL COMMON ORDER
Writ Petition No.105242/2023 is filed seeking the following
prayer:
"i) Issue writ in the nature of certiorari
quashing the tender notification bearing
No.KRA.SAN.N.S.T.C.R-09/2023-24
(PÀæ.¸ÀA.J£ï.J¸ï.n.¹.Dgï-09/2023-24) dated 1/08/2023
published in the Vijayavani Kannada
Newspaper, Belagavi edition on 03/08/2023
issued by Respondent No.1 and 2 vide
Annexure-G.
ii) Issue an appropriate direction to the 2nd
Respondent Trust to refund the entire amount
collected illegally and without any authority
along with appropriate interest which can be
utilised for the developmental activity of the
temple to cater to the needs of thousands of
devotees of the petitioner temple in the interest
of justice and equity.
iii) Declare that the registration of the 2nd
Respondent as Private Trust is being contrary to
Article 13 and Article 26 of the Constitution of
India.
iv) And any other relief which deems fit in the
interest of justice."
2. Writ Petition No.105232/2023 is filed seeking the
following prayer:
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
"i) Issue a writ in the nature of certiorari thereby
quashing the Impugned notification bearing No.
Kra.Sam.N.S.T.C.R-09/2023-24 dated 01-08-
2023 issued passed by the respondent as at
Annexure-A in the interest of justice and Equity.
ii) Issue any other order, writ or direction as this
Honble court deems fit in view of the facts and
circumstances of the case stated above in the
interest of justice and equity."
3. Writ Petition No.105241/2023 is filed seeking the
following prayers:
"a) Quash the impugned tender notification
dated 1-8-2023 bearing No.NSTCR-
09/2023-24 produced as Annexure-C issued
by the Respondent by issue of writ of
certiorari or any other suitable writ or order
or directions.
b) Grant such other reliefs as this Hon'ble court
deems fit under the circumstances of the
present case including an order for costs may
kindly be passed in the interest of justice and
equity."
4. Writ Petition No.105318/2023 is filed seeking the
following prayers:
"a. A writ in the nature of certiorari or any other
writ or order or direction quashing the
notification dt. 1.8.2023 bearing
No.N.S.T.C.R 09/23-24 issued by the
respondent No.5 produced as Annexure-A.
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
b. Such other writ or order or direction as
deems fit under the facts and circumstance
of the case, including an order for costs may
kindly be passed, in the interest of justice
and equity."
5. All these writ petitions are filed questioning the
auction notification that is issued by the Deputy Commissioner.
Hence, the writ petitions are disposed off by way of a common
order.
6. The case of the petitioner in Writ Petition
No.105242/2023 is that the petitioner is the Dharmik Parishad of
Shri Jogulabhavi Satyamma Devi Devasthan, Saundatti and the
other petitioners are its members, whose families and ancestors
have constructed the temple and have been performing pooja to
the deity for the past more than 70 years. It is the case that,
right from 1976 they have been performing the pooja to the
deity, conducting lease auction of the pooja rights and have been
sincerely depositing the auction amount every year without any
default. Now, it is the grievance of the petitioners that the
respondent No.1, who is the Deputy Commissioner and the
President of Navalgund Shirasangi Trust, Belagavi has issued the
notification dated 01.08.2023 calling for tenders from eligible
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
persons for auctioning the leasehold rights of the shops situated
within the temple premises and also auctioning the pooja rights
pertaining to the temple. It is the case of the petitioners that,
according to them, it is a private temple and the Deputy
Commissioner has no authority to interfere with the activities of
a private temple. Hence, they are before this Court questioning
the said notification issued by the Deputy Commissioner.
7. The case of the petitioners in WP Nos.105232 and
105241 of 2023 is that they are selling coconuts in the shops
situated within the premises of the temple and are questioning
the said notification issued by the Deputy Commissioner.
8. The petitioner in WP No.105318/2023 has also
questioned the said tender notification. According to him, the
eligibility criteria is not correct. It is said that he is also disputing
the ownership of the Trust.
9. The learned counsel appearing for the respondents
submits that the temple is a private Trust and the Deputy
Commissioner is the ex-officio member. Right from the order of
the Privy Council, there are several materials to show that the
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
temple belonged to the Trust and in the capacity of the ex-officio
member of the Trust, the notification is issued by the Deputy
Commissioner. It is a submission of the learned counsel
appearing for the respondents that if the petitioners are
disputing the ownership of the said temple, they have to go
before the Civil Court and file an appropriate suit. It is submitted
that, in fact, the petitioners in WP Nos.105242 and 105241 of
2023 have already filed a suit against the Trust and the same is
compromised. It is submitted that the present writ petitions are
not maintainable before this Court. It is further submitted that,
by virtue of the Will dated 06.06.1906, the probate was granted
in the year 1909.
10. Learned Additional Government Advocate submits
that the notification was issued in the capacity of an ex-officio
member of the Trust and not in the capacity of the Deputy
Commissioner of the Endowment Department.
11. Having heard the counsels on either side, perused
the material on record. If the petitioners are aggrieved by any
action or inaction on the part of the Deputy Commissioner, no
doubt writ petition is maintainable before this Court. Here, the
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
admitted facts, as per the petitioners are that, it is a private
temple. It is an admitted fact on behalf of the respondents that it
is a private Trust. When the dispute is between two persons with
regard to a particular temple and their rights, their remedy is not
before this Court, but before the Competent Court, where they
can have an effective adjudication of their disputes. No doubt,
the notification shows that it is issued by the Deputy
Commissioner and also the President of Navalgund Shirasangi
Trust, Belagavi. When he is acting as an ex-officio member under
the President of Navalgund Shirasangi Trust, the notification
should not have been mentioned as Deputy Commissioner, as it
gives the impression that it is on behalf of the Endowment
Department such a notification is given by the Deputy
Commissioner.
12. The petitioners in WP No.105242/2023 have sought
two reliefs. One is to quash the tender notification and the
second relief is to refund the entire amount collected illegally
without any authority along with appropriate interest. As far as
the first relief is concerned, concerning the manner in which the
notification is issued, the notification needs to be set aside.
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
However, coming to the second relief, this Court cannot pass any
order as to whether the said temple belongs to the petitioners or
the said temple belongs to the second respondent, as it is a
disputed question of fact which is yet to be adjudicated in a
petition to be filed by the aggrieved party. Hence, the petitioners
are not entitled for the second relief.
13. Then coming to the other reliefs in the writ petitions
i.e., WP Nos.105232 and 105241 of 2023 are concerned, as this
Court is already setting aside the notification, no further
adjudication on these writ petitions is required.
14. Then coming to WP 105318/2023, the petitioner is
before this Court on two grounds. One is that the amount and
the conditions that are fixed by the respondents are not
appropriate and the fifth respondent is not the owner of the
property, has no right to conduct the auction. Whether the fifth
respondent is the owner of the property or not, cannot be
decided by this Court and the petitioner cannot question the
terms and conditions of the tender. On both these grounds, the
petitioner cannot succeed before this Court. Accordingly, this
Court is passing the following:
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WP No. 105242 of 2023
C/W WP No. 105232 of 2023
WP No. 105241 of 2023
HC-KAR AND 1 OTHER
ORDER
(i) Accordingly, Writ Petition No.105242/2023 is allowed to the extent that the impugned tender notification dated 01.08.2023 is set aside and it is left open to the respondent/Sardesai Navalgund Shirasangi Charitable Trust Fund Committee to issue the notification in the capacity of the President of the Trust.
(ii) The prayer with regard to refund of the amount is concerned, it is left open to the petitioners to seek the appropriate remedy before the competent Court.
(iii) If the petitioners are questioning the Trust's right over the temple, they are at liberty to avail the appropriate remedy.
(iv) Writ Petition No.105232/2023 and WP No.105241/2023 are disposed off and the auction notification dated 01.08.2023 is set aside giving liberty to the petitioners to avail the appropriate remedy. The respondent/Trust is at liberty to issue the notification in the capacity of the President of the Trust.
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(v) Writ Petition No.105318/2023 is disposed off giving liberty to avail the appropriate remedy in accordance with law.
(vi) All contentions of the parties are left open and this Court has not expressed any opinion on the merits of the matter, but only considered on the maintainability of the writ petitions before the Court.
All pending I.As. in the writ petitions shall stand closed.
Sd/-
JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 1 Sl No.: 20