- 1 - NC: 2025:KHC:16540 WP No. 12154 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 12154 OF 2023 (LB-RES) BETWEEN: 1. SMT. RATNA BAI W/O LATE BYROJI RAO, AGED ABOUT 64 YEARS, DR NO.1108, BHAVANI ROAD, AJJAMPURA TOWN - 577 547 AJJAMPURA TALUK CHIKKAMAGALURU DISTRICT … PETITIONER (BY SRI. MANJUNATHA L S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, AMBEDKAR ROAD, BENGALURU - 560 001 2. DIRECTORATE OF MUNICIPAL ADMINISTRATION REPRESENTED BY ITS DIRECTOR, NINETH FLOOR, VISHWESARAIAH TOWER, AMBEDKAR ROAD, BENGALURU - 560 001 3. DEPUTY COMMISSIONER Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16540 WP No. 12154 of 2023 CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577 101 4. AJJAMPURA TOWN PANCHAYATH REPRESENTED BY ITS CHIEF OFFICER, TMC ROAD, AJJAMPURA - 577 547 AJJAMPURA TALUK CHIKKAMAGALURU DISTRICT … RESPONDENTS (BY SRI. K.P. YOGANNA, AGA FOR R1 TO R3; SMT. KAVYASHREE G.S., ADVOCATE FOR R4) ******* THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR SET ASIDE THE IMPUGNED ENDORSEMENT DATED 07.01.2020 I.E., ANNEXURE-E HEREIN, ISSUED BY THE R4 HEREIN AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for setting aside of the endorsement at Annexure-E dated 07.01.2020 whereby the Ajjampura Grama Panchayat has issued an endorsement declining to act on the representation of the petitioner dated 26.12.2019. It is observed in the said - 3 - NC: 2025:KHC:16540 WP No. 12154 of 2023 endorsement that katha proceedings with respect to property bearing assessment No.440/445 relating to the year 1981-82 and the assessment books have been destroyed. 2. It is the case of the petitioner that she is the wife of Byroji Rao and a site was granted to the petitioner’s husband and after his death, petitioner had submitted representation objecting to names of other persons being entered in the records when she is the legal heir of Byroji Rao. It is submitted that endorsement issued is not tenable. Accordingly, petitioner has sought for a direction to the respondents to re-examine and take appropriate steps for entering the name of the petitioner in the records. 3. During the pendency of the proceedings, an impleading application (I.A.1/2024) has been filed by Sri. K. Girish Chavan stating to be the son of Late Krishnoji Rao. It is the specific case made out by the impleading applicant that Byroji Rao and Krishnoji Rao were brothers - 4 - NC: 2025:KHC:16540 WP No. 12154 of 2023 and as per oral partition, the property has fallen to the share of Krishnoji Rao and upon his death, mutation has been effected in the name of the impleading applicant. Reliance is placed on the katha standing in the name of the impleading applicant at Annexure-R1. The impleading applicant has also relied on the partition deed at Annexure-R2. 4. It must be noticed that the petitioner is required to challenge the mutation at Annexure-R1 which relates to property bearing Assessment No.440/455, which is the subject matter of the endorsement at Annexure-E as well as the claim of the petitioner for entering her name as regards such property. In terms of Annexure-R1, assessment stands in the name of the impleading applicant. Accordingly, it would be appropriate for the petitioner to challenge the endorsement at Annexure-E and the mutation at Annexure-R1 by taking recourse to the statutory provisions of appeal. It is noticed that the endorsement at Annexure-E has been passed by the - 5 - NC: 2025:KHC:16540 WP No. 12154 of 2023 Ajjampura Grama Panchayat, while Annexure-R1 has been issued by respondent No.4 – Ajjampura Town Panchayat. In effect, the endorsement would merge with Annexure- R1. 5. Though learned counsel for the petitioner would contend that the representation of the petitioner is to be considered independently and without reference to Annexure-R1, however, it must be noticed that the substantive grievance of the petitioner can be considered only if Annexure-R1 is set aside. Annexure-R1 being passed by the 4th respondent, the petitioner is to initiate proceedings in terms of Section 322 of the Karnataka Municipalities Act, 1964 (for short ‘the Act’). In light of the pendency of the proceedings before this Court, recourse to proceedings under Section 322 of the Act if initiated within a period of four weeks from today, the same must be taken on record without raising any objection as regards delay. All contentions of the petitioner are kept open. - 6 - NC: 2025:KHC:16540 WP No. 12154 of 2023 6. Accordingly, petition is disposed off Sd/- (S SUNIL DUTT YADAV) JUDGE VP