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2025 DAILYLAW 22033 (KAR)

MR RAJESH S T v. THE PANCHAYATH DEVELOPMENT OFFICER

WP/9610/2025 · 2025-06-09

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19347 WP No. 9610 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9610 OF 2025 (LB-RES) BETWEEN: MR. RAJESH S.T, AGED ABOUT 25 YEARS, S/O LATE THIBBEGOWDA, R/AT SANABADAKOPPALU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 455. …PETITIONER (BY SRI. MOHAN CHANDRA P, ADVOCATE) AND: THE PANCHAYATH DEVELOPMENT OFFICER, BANNIKUPPE GRAMA PANCHAYATH, HUNSUR TALUK, MYSURU DIST. - 571 105. …RESPONDENT (BY SRI. B.J. SOMAYAJI, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 23.10.2024 VIDE ANNX-E WITHIN THE TIME FIXED BY THIS HONBLE COURT AND COMMUNICATE THE DECISION TAKEN ON THE REPRESENTATION TO THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19347 WP No. 9610 of 2025 ORAL ORDER In the captioned petition, the petitioner is aggrieved by the inaction on the part of the respondent/PDO in not considering the representation dated 23.10.2024 as per Annexure-E. 2. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for respondent/PDO. 3. The petitioner contends that he is the absolute owner in possession of the immovable property bearing Sy.No.47/47/45 situated at Kuppekolagatta Village, Belikere Hobli, Hunsur Taluk. It is submitted that the said property was lawfully acquired by the petitioner under a registered sale deed dated 26.08.2022, executed in his favour by the erstwhile owner, Smt. Kalavathi. Despite the lawful transfer of title and the submission of an application to the respondent-Gram Panchayat seeking mutation of his name in the revenue records, the petitioner alleges - 3 - HC-KAR NC: 2025:KHC:19347 WP No. 9610 of 2025 that there has been complete inaction on the part of the respondent in effecting the necessary change in the katha, thereby depriving him of the legal recognition of ownership in the property records. 4. Upon perusal of the registered sale deed and the documents annexed to the writ petition, this Court is of the considered view that the sale transaction prima facie evidences lawful transfer of title in favour of the petitioner. Consequently, the respondent-Gram Panchayat is under an obligation to take cognizance of the registered instrument and process the petitioner's application for change of katha in accordance with law and established procedures. 5. Learned counsel appearing for the respondent submits that the relevant documents have been received by the Gram Panchayat only a few days prior to the hearing of this petition. He assures this Court that the said documents will be duly verified and that the respondent- - 4 - HC-KAR NC: 2025:KHC:19347 WP No. 9610 of 2025 Gram Panchayat shall consider the petitioner’s request and pass appropriate orders regarding mutation of katha within a reasonable time frame. 6. Recording his assurance, this court passes the following: ORDER i. The writ petition is allowed; ii. The respondent is hereby directed to consider the petitioner's representation dated 23.10.2024 by taking cognizance of the registered sale deed obtained by the petitioner and accordingly pass appropriate orders strictly in accordance with law; iii. This exercise shall be accomplished within a period of six weeks from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK CT: BHK