Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4484 WP No. 12694 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12694 OF 2024 (LB-RES) BETWEEN:
1.
SMT MADHAVI M R W/O RAJASHEKAR BHAT AGED ABOUT 62 YEARS
2.
SMT. RADHIKA D/O RAJASHEKAR BHAT AGED ABOUT 34 YEARS
3.
SMT. RAKSHITHA D/O RAJASHEKAR BHAT AGED ABOUT 31 YEARS
BOTH ARE R/AT BEHIND RAMESHWARA TEMPLE RATHABEEDI THIRTHAHALLI TOWN AND TALUK SHIMOGA DISTRIT 577 432. …PETITIONERS (BY SRI. SUNIL S RAO, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING DR. AMBEDKAR VEEDHI, BENGALURU 560 001.
2.
THE STATEOF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4484 WP No. 12694 of 2024
PANCHAYATRAJ, VIKAS SOUDHA DR. AMBEDKAR VEEDHI, BENGALURU 560 001.
3.
GRAMA PANCHAYATH MULABAGILU REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER MULABAGILU, RANJADAKATTE THIRTHAHALLI TALUK SHIMOGA DISTRICT 577 431.
4.
THE EXECUTIVE OFFICER TALUK PANCHAYATH THIRTHAHALLI 577 432.
5.
CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH SHIMOGA DISTRICT SHIMOGA 577 432.
6.
SRI. BHASKAR SHETTY S/O SHANKARA SHETTY AGED ABOUT 73 YEARS RESIDING AT SHIVARAJAPURA VILLAGE KASABA HOBLI, THIRTHAHALLI TALUK SHIMOGA DISTRICT 577 432.
7.
THE ASSISTANT REGISTRAR KARNATAKA LOKAYUKTA M.S. BUILDING DR. AMBEDKAR VEEDHI, BENGALURU 560 001. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 & R2;
SRI. B J SOMAYAJI, ADVOCATE FOR R3;
SRI. VENKATESH S ARBATTI, ADVOCATE FOR R7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 4.9.23 ISSUED BY THE R3 IN CASE NO.ªÀÄÄ.UÁæ.¥ÀA.£ÀA.48/2023-24 AND ALSO THE ENDORSEMENT
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NC: 2025:KHC:4484 WP No. 12694 of 2024
DATED 6.11.23 ONE ISSUED BY THE EXECUTIVE OFFICER I.E, R4 IN NO.vÁ¥ÀAwÃ/UÁæ.¥ÀA/zÀÆgÀÄ/2023-24/1739 VIDE ANNEXURES-A AND B RESPECTIVELY BY RESTORING THE KHATA AND E KHATA IN FAVOUR OF THE PETITIONER BY RECEIVING THE PREVAILING TAX IN RESPECT OF SCHEDULE PROPERTY BEARING DEMAND REGISTER NO. 43/61/07 SITUATED WITHIN THE JURISDICTION OF MULABAGILU GRAM PANCHAYATH, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. It is not in dispute that an endorsement similar to the impugned endorsement was the subject matter of W.P.13434/2024 and this Court by an order dated 08.11.2024 disposed of the petition in the following terms:
“ORDER
[A] The petition is disposed of quashing the fourth respondent's Endorsement dated 06.11.2023 [Annexure-B].
[B] The third respondent is directed to consider the representation that is given by the petitioner in response to the Notice dated 04.09.2023 [Annexure-A], and to ensure that there is appropriate consideration, the petitioner is also given liberty to file another set of response with documents within four [4] weeks from the date of receipt of a copy of this order.
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NC: 2025:KHC:4484 WP No. 12694 of 2024
[C] The third respondent, subject to any change that may be found necessary upon
consideration of the documents, is
directed to restore the Khata for the subject property in favour of the petitioner”.
2. Since the impugned endorsement is also similar, this writ petition is also allowed in the same terms and the impugned endorsement shall be treated as a show cause notice and the petitioners shall file their objections within a period of four weeks and on such representation being given, the same shall be considered and appropriate orders be passed. The respondents are also directed to restore the khata in favour of the petitioners.
3. This writ petition is accordingly allowed.
4. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
GSR List No.: 1 Sl No.: 16