Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2761 WP No. 24950 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 24950 OF 2018 (LB-RES) BETWEEN:
1.
SRI. M K HONNEGOWDA S/O LATE KEMPEGOWDA, AGED ABOUT 66 YEARS, R/AT MARALIGE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571425 …PETITIONER (BY SRI. ANANDA K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-01 REP BY ITS PRINCIPAL SECRETARY
2.
THE ZILLA PANCHAYATH MANDYA DISTRICT MANDYA-571401 REP BY ITS CHIEF EXECUTIVE OFFICER
3.
THE TALUKA PANCHAYATH MADDUR TALUKA MADDUR-571428 REP BY ITS EXECUTIVE OFFICER
4.
THE MARALIGA GRAMA PANCHAYATH MARALIGA KOPPA HOBLI, MADDURU TALUK
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2761 WP No. 24950 of 2018
MANDYA DISTRICT-571425 REP BY ITS PANCHAYATH DEVELOPMENT OFFICER
5.
SMT. GOWRAMMA W/O LATE DASEGOWDA, R/AT KODIHALLI VILLAGE, KOPPA HOBLI-571425 MADDUR TALUK MANDYA DISTRICT …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1;
SRI. B.J.SOMAYAJI., ADVOCATE FOR R-2 TO R-4;
SRI. S.SYED BASHA., ADVOCATE FOR R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE RESPONDENTS 2 TO 4 TO CONSIDER THE REPRESENTATIONS DATED 28.11.2016, DATED NIL AT ANNEXURE-P, Q & R, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. This writ petition is filed challenging the resolution passed by the Panchayat, by which, the Panchayat had accepted the request of the 5th respondent and had rectified the boundaries on the basis of the
judgment and decree in O.S.No.210/2008.
2. Today, a joint memo is filed by the petitioner and the 5th respondent, whereby, they have stated that they
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NC: 2025:KHC:2761 WP No. 24950 of 2018
have settled the dispute amicably and the 5th respondent, whose request for rectification of boundaries had been acceded to, had agreed to rectify the measurement and boundaries of Site No.209/A of Maraliga Village in the khata certificate of said site as indicated in the joint memo.
3. The terms of the joint memo reads as follows:
JOINT MEMO FILED BY THE PETITIONER AND RESPONDENT NO.5
The Petitioner and Respondent No.5 most humbly submits as follows:
1. It is submitted that, the petitioner has filed the above Writ Petition seeking for Writ of Mandamus to consider his representation at Annexure-P,Q & R and also challenged the Resolution passed by the Respondent No.4 regarding rectifying the boundaries of the site No. 209/A of Maraliga village belonging to Respondent No.5 and also seeking direction to the Respondent No.4 to incorporate the correct boundaries of the said site and other relief.
2. It is submitted that, during the pendency of this Writ Petition on the advice of the well wishers and elders, the Petitioner and Respondent No.5 have decided to settle the disputes between them amicably and accordingly, the Respondent No.5 has agreed to rectify the measurement and boundaries of Site No. 209/A of Maraliga village in the Katha Certificate of the said site as follows:
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NC: 2025:KHC:2761 WP No. 24950 of 2018
East by: Galli, West by: Halla (Now property of M.K. Honnegowda) North by: Gowramma Siddamma (Now property of Lingamma and Sakamma) South by: Vacant site of M.K. Honnegowda.
3. It is submitted that, the Respondent No.5 has also agreed to mention the dimension of the said site No. 209/A as East to West 45feet and North to South 22 feet in the Katha Certificate of the said site.
WHEREFORE, the Petitioner and the Respondent No.5 most humbly prays that, this Hon'ble Court be pleased to accept this Joint Memo and issue directions to the Respondent No.4 to make necessary changes in the Katha Certificate and other documents in respect of Site No.209/A of Maraliga village as per this Joint Memo, in the interest of justice and equity.
4. In light of this joint memo, this writ petition is
disposed of as having settled out of Court. The Panchayat shall act in accordance with the terms of this joint memo.
Sd/-
(N S SANJAY GOWDA) JUDGE
PKS List No.: 1 Sl No.: 73