- 1 - NC: 2025:KHC:11438 WP No. 8766 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8766 OF 2024 (LB-RES) BETWEEN: 1. HALASWAMY Y.C S/O CHANNABASAIAH AGED ABOUT 45 YEARS, OCC AGRICULTURIST 2. MALLIKARJUNAIAH S/O CHANNABASAIAH AGED ABOUT 43 YEARS, OCC AGRICULTURIST BOTH ARE RESIDENT OF KUMSI VILLAGE, SORABA TALUK, SHIVAMOGGA DIST - 577 429 … PETITIONERS (BY SRI. SYED AKBAR PASHA., ADVOCATE) AND: 1. THE PANCHAYATH DEVELOPMENT OFFICER BILAVANI GRAMA PANCHAYATH SORABA TALUK SHIVAMOGGA DIST - 577 429 2. BILAVANI GRAMA PANCHAYATH R/P BY ITS SECRETARY SORABA TALUK, SHIVAMOGGA DIST - 577 423 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11438 WP No. 8766 of 2024 3. MURUGENDRAIAH Y C S/O CHANNABASAIAH, AGED ABOUT 60 YEARS, KUMSI VILLAGE, SORABA TALUK, SHIVAMOGGA DIST - 577 429 4. BASAVARAJAIAH Y C S/O CHANNABASAIAH, AGED ABOUT 58 YEARS, NEHARU COLONY SHIRALAKOPPA, SHIKARIPURA TALUK SHIVAMOGGA DIST - 577 428 … RESPONDENTS (BY SRI. B.J. SOMAYAJI, ADVOCATE FOR R1 & R2; NOTICE TO R3 IS HELD SUFFICIENT V/O DATED 08.07.2024; R4 - SERVED AND UNREPRESENTED) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED RESOLUTION PASSED BY THE R2 BILAVANI GRAMA PANCHAYTH DATED 11/12/2023 WHICH IS PRODUCED AT ANNEXURE-H AND THE SUBSEQUENT MUTATION ENTRY MR NO.57/2023-24 ENTERED BY THE R1 WHICH IS PRODUCED AT ANNEXURE-H1 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 3 - NC: 2025:KHC:11438 WP No. 8766 of 2024 ORAL ORDER The petitioners are calling in question the correctness of the Resolution dated 11.12.2023 passed by respondent No.2 - Bilavani Grama Panchayat at Annexure-'H' and the Mutation Entry in M.R.No.57/2023-24 at Annexure-'H1', whereby the names of respondent Nos. 3 and 4 came to be included. 2. It is the case of petitioners that initially the mutation entries were jointly in the names of all the brothers and subsequently, in light of relinquishment stated to have been made by the petitioners' brothers, the names in the mutation came to be recorded and continued only in the names of petitioners in terms of the mutation entry at Annexure-'C1' in the year 2002-2003. 3. It is submitted that the entry is continued till 2023. It is submitted that the entry in the name of petitioners exclusively came to be altered by order dated 11.12.2023. The said alteration, it is submitted, is - 4 - NC: 2025:KHC:11438 WP No. 8766 of 2024 pursuant to the representation of respondent Nos.3 and 4 on 09.11.2022 at Annexure-'F'. 4. It is the case of petitioners that they were not heard when such order was passed pursuant to the resolution of the Grama Panchayat. 5. The respondent Nos.3 and 4 are served, but have remained absent. 6. The assertion of petitioners that mutation entries standing in their name from 2002 till 19.11.2023 came to be altered including the names of respondent Nos.3 and 4 by order dated 11.12.2023 without notice to the petitioners, is not controverted by the Authority. 7. Taking note that the civil rights of the petitioners have been affected without notice to them insofar as mutation of names of petitioners came to be altered by inclusion of the names of respondent Nos.3 and 4, it would be appropriate to set aside the Resolution dated 11.12.2023 at Annexure-'H' and the Mutation Entry - 5 - NC: 2025:KHC:11438 WP No. 8766 of 2024 in M.R.No.57/2023-24 at Annexure-'H1' and remand the matter for consideration of representation dated 19.11.2022 at Annexure-'F' with notice to all concerned. 8. It is submitted by petitioners that entire records are already with the Grama Panchayat which may be taken note of. The petitioners are at liberty to produce other documents and pleadings as may be necessary and the respondent Nos.3 and 4 also be issued with notice providing opportunity to putforth their case. All contentions are kept open. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR