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2025 DAILYLAW 23457 (KAR)

SHRI. B. VIVEKANANDA RAO v. THE STATE OF KARNATAKA

WP/13968/2025 · 2025-07-02

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23513 WP No. 13968 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13968 OF 2025 (LB-RES) BETWEEN: SHRI. B. VIVEKANANDA RAO S/O. B. SHIVARAMA RAO, AGED ABOUT 68 YEARS, RESIDING AT NO. 289, 2ND MAIN, BEHIND AVALAHALLI BDA PARK, GIRI NAGAR, BENGALURU SOUTH, BANASHANKARI 3RD STAGE, BENGALURU-560 085. …PETITIONER (BY SRI. PRAKASH TIMMANNA HEBBAR., ADV.) AND: 1. THE STATE OF KARNATAKA RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001. 2. GRAM PANCHAYAT, KOTTAGALU, KOTTAGALU VILLAGE, BIDADI ROAD, KANAKAPURA, KARNATAKA-562 117. …RESPONDENTS (BY SRI. K. KENCHE GOWDA, AGA FOR R1, SRI. M.S. DEVARAJ, ADV. FOR R2.) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23513 WP No. 13968 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED 13.01.2025 ISSUED BY THE RESPONDENT NO.2 (VIDE ANNEXURE-A) BEARING NO. KoGraaPum/Him/224/2024-25 WHICH ARBITRARILY DENIES KHATHA TRANSFER 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 1. The endorsement dated 13.01.2025 bearing No. No.PÉÆUÁæ¥ÀA/»A/2024-25 issued by respondent No.2, whereby the request for transfer of khata in favour of the petitioner in respect of Site Nos. 13/4 (Khata No.152900200600420342) and 72/27 (Khata No.15290200600420345) has been declined, is appealable under Section 269(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. In that view of the matter, the present writ petition is held to be not maintainable. 2. Accordingly, the writ petition stands disposed of, reserving liberty to the petitioner to avail the statutory - 3 - HC-KAR NC: 2025:KHC:23513 WP No. 13968 of 2025 remedy of appeal available under the provisions of the said Act. 3. If the petitioner files such an appeal within a period of four weeks from the date of receipt of a copy of this order, he shall be entitled to seek benefit of Section 14 of the Limitation Act, 1963, and the time spent in the present writ petition shall be excluded for the purpose of limitation. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SSD List No.: 1 Sl No.: 12