- 1 - NC: 2025:KHC:5507 WP No. 14138 of 2022 C/W WP No. 24474 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 14138 OF 2022 (LB-RES) C/W WRIT PETITION NO. 24474 OF 2022 (LB-RES) IN WP No. 14138/2022 BETWEEN: 1. SRI. M.P JAYASHANKAR S/O LATE POOJE MAYIGAIAH AGED 55 YEARS R/O H MALLIGERE VILLAGE DUDDA HOBLI MANDYA TALUK MANDYA - 571402 …PETITIONER (BY SRI. SREENIVASAN M Y., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PANCHAYATH M S BUILDING, BENGALURU - 560001. 2. PRESIDENT TALUK PANCHAYATH MANDYA - 571401 3. PRESIDENT ZILLA PANCHAYATH MANDYA - 571401 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5507 WP No. 14138 of 2022 C/W WP No. 24474 of 2022 4. PANCHAYATH DEVELOPMENT OFFICER H MALLIGERE GRAMA PANCHAYATH MANDYA DISTRICT – 571402 5. SMT H V GIRIJA W/O M P JAYASHANKAR H MALLIGERE VILLAGE DUDDA HOBLI MANDYA TALUK AND DISTRICT- 571402 …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1; SRI.B.J.SOMAYAJI., ADVOCATE FOR R-4; R-2 & R-3 IS SERVED; R-5 NOTICE DISPENSED WITH, VIDE ORDER DATED:10.08.2022) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE R-4 TO TAKE APPROPRIATE ACTION BY COMPLYING THE ORDER PASSED BY TH R-2 IN APPEAL NO.25/2017-18 DATED.7.12.2017 VIDE ANNEXURE-A AND ORDER OF THE R-3 DATED.2.6.2020 PASSED IN 09/2018-19 VIDE ANENXURE-B TO THE W.P. IN WP NO. 24474/2022 BETWEEN: 1. H MALLIGERE GRAMA PANCHAYAT REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER MANDYA TALUK AND DISTRICT-571402. ...PETITIONER (BY SRI. B J SOMAYAJI., ADVOCATE) AND: 1. SHRI M P JAYASHANKARA S/O POOJEMAYIGAIAH AGED ABOUT 64 YEARS H MALLIGERE DUDDA HOBLI MANDYA TALUK AND DISTRICT-571402. - 3 - NC: 2025:KHC:5507 WP No. 14138 of 2022 C/W WP No. 24474 of 2022 2. ADHYAKSHA TALUK PANCHAYAT MANDYA-571401. 3. ADHYAKSHA ZILLA PANCHAYAT MANDYA-571401. 4. SMT H V GIRIJA W/O M P JAYASHANKAR AGED ABOUT 58 YEARS H MALLIGERE, DUDDA HOBLI MANDYA TALUK AND DISTRICT-571402. ...RESPONDENTS (BY SRI. SREENIVASAN M Y., ADVOCATE FOR R-1; R-2 & R-3 ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO CALL FOR THE RECORDS PERTAINING TO ORDER DATED 7.12.2017 PASSED BY THE ADHYKSHA OF TALUK PANCHAYAT, MANDYA IN APPEAL NO.25/2017-18 AND ORDER DATED 2.6.2020 PASSED BY THE ADHYAKSHA OF ZILLA PANCHAYAT, MANDYA IN APPEAL NO.09/2018-19 AND ON PERUSAL OF THE SAME, BY ISSUANCE OF AN APPROPRIATE WRIT, ORDER OR DIRECTION, ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 4 - NC: 2025:KHC:5507 WP No. 14138 of 2022 C/W WP No. 24474 of 2022 ORAL ORDER 1. The petitioner—M.P.Jayashankar and others filed WP No.14138 of 2022 instituted a suit in O.S. No.370 of 1994 and this suit was decreed on 18.02.2000. 2. On 01.09.2010, the Grama Panchayat accepted the request of M.P.Jayashankar and registered the Khata. However, the Grama Panchayat passed a resolution on 13.01.2011 canceling its resolution. 3. M.P.Jayashankar thereafter filed a suit in O.S. No.47 of 2011 for injunction on 18.03.2011 and this suit was dismissed on 26.09.2014. 4. An appeal was also preferred by him in R.A. No.60 of 2014. During the pendency of this appeal, the Adhyaksha of the Taluk Panchayat cancelled the Resolution of the Grama Panchayat dated 13.01.2011. As a consequence, M.P.Jayashankar withdrew R.A. No.60 of 2014 on 13.11.2018. - 5 - NC: 2025:KHC:5507 WP No. 14138 of 2022 C/W WP No. 24474 of 2022 5. Being aggrieved by the decision of the Taluk Panchayat, the Grama Panchayat approached the Zilla Panchayat and the Zilla Panchayat has confirmed the order of the Adhyaksha of Taluk Panchayat. 6. As a consequence, the Grama Panchayat is before this Court in W.P. No.24474 of 2022 and at the same time, M.P.Jayashankar is also before this court in W.P. No.14138 of 2022 seeking for a direction to implement the order of the Adhyaksha dated 07.02.2017. 7. It is the case of M.P.Jayashankar that his name is entitled to be registered in the registers as the owner of the property and this claim is based on the decree that he obtained in O.S. No.370 of 1994. 8. It is however the case of the Grama Panchayat that the petitioner is using the said decree to encroach upon Grama Thana land. In the original suit, there is - 6 - NC: 2025:KHC:5507 WP No. 14138 of 2022 C/W WP No. 24474 of 2022 a decree passed in favor of M.P.Jayashankar and others in O.S. No.370 of 1994 but at the same time, his claim for a decree of injunction in O.S.No.47 of 2011 in respect of the property which has been assigned House List number has been dismissed. 9. In my view, since M.P.Jayashankar is claiming the property in question on the basis of a decree that is passed in his favor in O.S. No.370 of 1994, which is obtained against the Panchayat and is in respect of Sy.No.76, it would be appropriate to direct the Grama Panchayat to conduct a survey of the land bearing Sy.No.76 and if the property that is now being claimed by the petitioner falls within Sy.No.76, obviously, the khatha cannot be registered as a House List Assessment number. 10. The concerned jurisdictional surveyor shall therefore conduct a survey of Sy.No.76 and demarcate Sy.No.76 as per the order passed under the Inam Abolition Act. - 7 - NC: 2025:KHC:5507 WP No. 14138 of 2022 C/W WP No. 24474 of 2022 11. It is made clear that if upon survey, the land claimed by the petitioner falls within the land granted under the Inams Abolition Act, obviously, he would not be entitled to a House List number, but his possession shall not be disturbed. 12. The petitioner would thus be entitled to enjoy the possession of the land that is granted to him by the Tahasildar under the Inams Abolition Act. 13. Until then the parties are directed to maintain status quo as regard entries. 14. The writ petitions are accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 49