- 1 - HC-KAR NC: 2025:KHC:19348 WP No. 10872 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. 10872 OF 2025 (LB-RES) BETWEEN: SMT. RAMANJINAMMA, W/O. SRI NARAYANASWAMY, AGED ABOUT 61 YEARS, R/AT GUNDRAHALLI VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 562 122. …PETITIONER (BY SRI. NARASIMHARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, MINISTRY OF PANCHAYATH RAJ, REPRESENTED BY PRINCIPAL SECRETARY, M.S. BUILDING, BENGALURU - 560 001. 2. THE CHIEF EXECUTIVE OFFICER, CHAPPARADAKALLU, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 114. 3. THE PANCHAYATH DEVELOPMENT OFFICER (PDO), BYLANARASAPURA GRAMA PANCHAYATH, NANDAGUDI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1; SRI. M.S. DEVARAJU, ADVOCATE FOR R2 AND R3) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19348 WP No. 10872 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER IN EFFECTING THE E-SWATHU/KATHA IN HER NAME AS PER THE ANNX-Q1 TO Q3 PERTAINS TO PROPERTY IN QUESTION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed alleging inaction on the part of respondent No.3/Gramapanchayath in not effecting changes in the katha on account of death of the petitioner's father. 2. Heard learned counsel appearing for the petitioner, learned AGA appearing for respondent No.1 and learned standing counsel appearing for respondents No.2 and 3. 3. The petitioner, in support of her claim, has relied upon registered title documents and submits that - 3 - HC-KAR NC: 2025:KHC:19348 WP No. 10872 of 2025 the properties in question originally belonged to her late father, Hanumanthappa, who acquired the same under a registered sale deed dated 04.05.1967. It is contended that upon the demise of her father, the petitioner, being sole surviving Class-I legal heir under the provisions of the Hindu Succession Act, 1956 is entitled to succeed to the estate . Despite having submitted a representation to the competent authority seeking mutation in property records to reflect the petitioner's name in place of the deceased original owner, the respondents, particularly respondent No.3, have failed to take any action to effect such mutation. The petitioner asserts that the continued inaction on the part of the respondents amounts to denial of her legitimate right to be recorded as a owner in the property records, thereby depriving her of her rightful entitlement. 4. Respondent No.3 – the Panchayat Development Officer (PDO) has filed a statement of objections opposing the prayer sought in the petition. It is the specific stand of - 4 - HC-KAR NC: 2025:KHC:19348 WP No. 10872 of 2025 Respondent No.3 that except for the representation submitted by the petitioner, no supporting documents have been furnished to conclusively establish that the petitioner is the sole surviving Class-I legal heir of the deceased Hanumanthappa. The respondent further contends that in the absence of cogent material, such as a legal heirship certificate, family tree duly certified by the competent authority, or affidavits from other family members, the claim of exclusive entitlement put forth by the petitioner cannot be accepted. The respondent, therefore, submits that in the absence of adequate proof of sole legal heirship, the request for effecting mutation in the property records is untenable and liable to be rejected. 5. Learned counsel appearing for respondents No.2 and 3, reiterating the stand taken in the statement of objections, has brought to the notice of this Court that respondent No.3/PDO is willing to consider the petitioner's representation subject to production of relevant documents to enable respondent No.3/PDO to effect - 5 - HC-KAR NC: 2025:KHC:19348 WP No. 10872 of 2025 change of katha by taking cognizance of the death of Hanumanthappa. 6. Learned counsel for the petitioner at this juncture submits that all relevant documents will be furnished to respondent No.3/PDO to consider her request for change of katha. 7. Recording the submissions of both counsels, this Court passes the following: ORDER i. The writ petition is partly allowed. ii. The petitioner is directed to furnish all relevant documents, including but not limited to the survivor certificate issued by the jurisdictional Tahsildar, along with any other supporting documents necessary to establish her claim as a Class-I legal heir of deceased Hanumanthappa. - 6 - HC-KAR NC: 2025:KHC:19348 WP No. 10872 of 2025 iii. Upon receipt of such documents, Respondent No.3 – the Panchayat Development Officer is directed to consider the same and take an appropriate decision on the petitioner's request for mutation, strictly in accordance with law and after affording an opportunity of hearing, if required. iv. It is further directed that the entire exercise shall be completed by Respondent No.3 within a period of eight weeks from the date of receipt of the aforesaid documents from the petitioner. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 14 CT: BHK