Karnataka High Court
Nagamallesha vs Smt Seshamma on 30 November, 2020
Bench: Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER, 2020
PRESENT
THE HON'BLE MR. ABHAY S.OKA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO.11116 /2020 (GM-RES) PIL
BETWEEN
1. Nagamallesha
S/o Rudrappan
Aged 54 years
Residing at Gummanakolli
Somwarpet
Kodagu-571 234.
2. Ganesh M.R
S/o Late Ramegowda
Aged 45 years
Residing at No.D-262
Manti Harangi Rasthe
Gummanakolli
Mullusoge Post, Somwarpet
Madikeri, Kodagu-571 234.
3. M.M.Ganesh
Aged 63 years
Residing at No.D-37
Manti Harangi Rasthe
Gummanakolli
Mullusoge Post, Somwarpet
Madikeri, Kodagu-571 234.
4. Baskar.M.S.
S/o M.S.Shivanna
Aged 36 years
Residing at 164
2
(Balaparshwa)
Mullusoge, Madikeri
Kodagu-571 234. .....PETITIONERS
(BY Sri.Raghu Prasad.B.S, Advocate)
AND:
1. Smt.Seshamma
W/o Late Srinivas
Aged 54 years
2. Smt.Saraswathi
D/o Late Srinivas
Aged about 30 years
3. Smt.Jyothi
D/o Late Srinivas
Aged about 27 years
All residing at Gummanahalli Village
Kushalanagara Hobli
Somwarpet Taluk
Kodagu District-571 234.
4. Sri.G.K.Ravindra
S/o Late Kariappa
Aged about 52 years
5. Sri.G.K.Lingaraju
S/o Late Kariappa
Aged about 49 years
6. Smt.B.Sarojamma
S/o Late Basavaraju
Aged about 47 years
7. Smt.Shreni
D/o Late Basavaraju
Aged about 27 years
8. Sri.Jayaraj
S/o Late Basavaraju
3
Aged about 26 years
9. Smt.Swathi
D/o Late Basavaraju
Aged about 24 years
Respondents 2 to 7
Residing at Gummanahalli Village
Kushalnagara Hobli
Somwarpet Taluk
Kodagu District-571 234.
10. Sri.Prasannachandra
S/o Monappa
Aged about 59 years
V.K.Swamy
(dead)
11. Sri.C.K.Kumar
S/o Late Javarappa
Aged about 43 years
Respondents 8 to 10
Residing at Gummanahalli Village
Kushalnagara Hobli
Somwarpet Taluk
Kodagu District-571 234.
12. Basavanna Devaru Temple Committee
Gummanahalli Village
Kushalnagara Hobli
Somwarpet Taluk
Kodagu District-571 234
Represented by its President
Smt.Chandrakala.
13. State of Karnataka
Department of Murzari
Vikas Soudha, Vidhana Soudha,
Bangalore-560 001
Rep. by its Secretary.
14. Deputy Commissioner
4
Kodagu District
Kodagu-571 234. ......RESPONDENTS
(By Sri.C.R.Goulay, Advocate for C/R-8)
This Writ Petition is filed under Articles 226 & 227
of The Constitution Of India, praying to quash the
Impugned Order and Decree dated 12.04.2014 passed in
R.F.A.481/2005 before the Lok Adalath produced as
Annexure-C and D to the Writ Petition and etc.,
This Petition coming on for Preliminary Hearing this
day, Chief Justice made the following:
ORDER
The first prayer is for quashing an award made by Lok Adalath in Regular First Appeal No.481/2005 on 12th April 2014. By order dated 12th April 2017 passed by a Division Bench of this Court in W.P.No.11093/2017, which was in the nature of Public Interest Litigation, this Court declined to interfere with the same compromise award passed by Lok Adalath, by holding that the writ petition is misconceived. This is the first reason why this petition cannot be entertained.
2. The petitioners are claiming to be villagers of Gummanakolli village, Kushalnagar Hobli, Somwarpet Taluk, Kodagu District. In paragraph-17 of the 5 petition, it is contended that the subject properties are of a temple and that the temple belongs to the villagers. That is the second reason why PIL is not maintainable as the petitioners have a personal interest.
3. Therefore, the prayer (a) cannot be granted. As far as prayer (b) is concerned, petitioners are free to make an appropriate representation to the concerned authorities empowered to take a decision on the issue of the State Government taking over the schedule properties. If such a representation is made, the State Government or its competent Authority is bound to decide the same in accordance with law.
4. The petition is accordingly disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE KNM/-