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2025 DAILYLAW 21066 (KAR)

SRI.GANAPATHI SHASTRI H N v. THE CHIEF EXECUTIVE OFFICER

WP/45581/2018 · 2025-01-23

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3027 WP No. 45581 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 45581 OF 2018 (LB-RES) BETWEEN: 1. SRI.GANAPATHI SHASTRI H N S/O NARASIMHA SHASTRI H.S., AGED ABOUT 63 YEARS, R/AT HEDSE AGRAHARA, LOKANATHAPURA POST, KOPPA TALUK-577126, CHICKMAGALURU DISTRICT. …PETITIONER (BY SRI. JAGADEESH D C., ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, CHICKAMAGALURU DISTRICT, JYOTHINAGAR POST, CHICKMAGALURU-577102. 2. THE EXECUTIVE OFFICER TALUK PANCHAYATH SAMITHI, KOPPA TALUK-577126 CHICKMAGALURU-577102. 3. THE PANCHAYATH DEVELOPMENT OFFICER BHAVANAKOTE GRAMA PANCHAYATH, KOPPA TALUK-577126, CHICKMAGALURU DISTRICT. …RESPONDENTS (BY SRI. ASHOK N.NAYAK., ADVOCATE FOR R-1 & R-2; SRI. K.VIJAYA KUMAR., ADVOCATE FOR R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3027 WP No. 45581 of 2018 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION OF PETITIONER VIDE ANNEXURE-D AND ALSO COMPLY THE DIRECTIONS ISSUED BY THE R-1 VIDE ANNEXURE-C AND CONSEUENTLY ISSUE KHATA CERTIFICATE TO THE PETITIONER FORTHWITH IN RESPECT OF CATTLE SHED, GODOWN, TRASHING YARD, MANURE PIT AND FOR THE PLACE ADJACENT, SURROUNDING AND ATTACHED TO THE MAIN HOUSE OF THE PETITIONER IN ASSESSMENT NO.150900301400300060 IN ALL MESURING 21,300/- SQ FT SITUATED AT HEDSE AGRAHARA, LOKANATHAPURA POST, BHUVANAKOTE GRAMA PANCHAYATH LIMIT, KOPPA TALUK, CHICKMAGALURU DISTRICT IN ACCORDANCE WITH LAW, 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 petition is filed seeking for issuance of a direction to the respondents 2 and 3 to consider the representation of the petitioner, whereby the petitioner is essentially seeking for issuance of a khata certificate in his favour. 2. It is to be stated here that in respect of this very land, the Taluka Panchayat issued a notice which has been considered in W.P.No.16744/2024 and from - 3 - NC: 2025:KHC:3027 WP No. 45581 of 2018 this it is clear that the Taluka Panchayat is of the view that the petitioner is in unauthorized occupation of the land belonging to temple. Consequently, the prayer sought for in this petition would not survive for consideration and directing the Panchayat to consider his claim for registering the khata would not arise. 3. The Writ Petition is accordingly dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 61