- 1 - HC-KAR NC: 2025:KHC:22743 WP No. 14071 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 14071 OF 2025 (LB-RES) BETWEEN: BHAGYAMMA W/O G.ASHWATHREDDY AGED ABOUT 53 YEARS R/AT GULAKAMALE VILLAGE TARALU POST, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU DISTRICT-560061. …PETITIONER (BY SRI. VENKATESH.C.R, ADVOCATE) AND: 1. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, BANASANKARI BENGALURU URBAN DISTRICT-560050. 2. TALUK PANCHAYATH EXECUTIVE OFFICER BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT-560061. 3. PANCHAYATH DEVELOPMENT OFFICER TARALU GRAM PANCHAYATH TARALU VILLAGE, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT-560061. 4. SRI.D.RAMAKRISHNA REDDY S/O LATE. DODDARAMA REDDY Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22743 WP No. 14071 of 2025 AGED ABOUT 65 YEARS R/AT GULAKAMALE VILLAGE TARALU POST, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU DISTRICT-560061. …RESPONDENTS (BY SRI. B.J.SOMAYAJI, ADVOCATE FOR R1 TO R3; SRI. RAJESHWARA .P.N, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO R-3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER ON 14.10.2019, 19.04.2021, 03.02.2022, 05.05.2022 AND 18.10.2024 AT ANNEXURE-D TO K 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 seeking a direction against respondents 1 to 3 to consider petitioner's representations as per Annexures-D to K and pass appropriate orders. 2. Petitioner in the captioned petition is alleging inaction on the part of respondents 1 to 3 in not considering the representations where a request is made seeking cancellation of E-katha of the property bearing - 3 - HC-KAR NC: 2025:KHC:22743 WP No. 14071 of 2025 No.25/1A as per Annexure-H. Petitioner contends that this disputed property is an existing road reflected in Grama Panchayath records and therefore petitioner has a right to have access through this road, abutting to private respondent's property. 3. On the contrary, the private respondent No. 4 has filed statement of objections and has produced photographs evidenced at Annexure-R1. 4. Upon a careful examination of the records furnished by the petitioner and the photographs produced by respondent No.4, this Court finds that the dispute pertains to a vacant portion of land abutting the property of the private respondent. The petitioner asserts that the said open space is part of the public road and is being used for ingress and egress by adjoining property owners. In contrast, respondent No.4 contends that the said portion is part and parcel of his private property, and that - 4 - HC-KAR NC: 2025:KHC:22743 WP No. 14071 of 2025 the petitioner has no legal right, interest, or claim over the same. 5. It is also brought to the attention of this Court that the judgment and decree passed in O.S. No.187/2004 is under challenge in R.A. No.215/2020, which is presently pending before the appellate Court. The outcome of the said appeal will have a direct bearing on the rights of the parties insofar as the disputed property is concerned. 6. Having regard to the nature of the dispute and the contentions raised by the parties, this Court is of the considered view that the controversy is purely civil in nature involving adjudication of title and possession, which cannot be resolved by the Grama Panchayat or through writ jurisdiction under Article 226 of the Constitution. The Grama Panchayat lacks statutory authority to adjudicate such civil disputes relating to immovable property. Therefore, this Court is of the opinion that the petitioner must be relegated to seek appropriate relief before the - 5 - HC-KAR NC: 2025:KHC:22743 WP No. 14071 of 2025 competent Civil Court. It is also open to the petitioner to assert her rights and contest the pending appeal in R.A. No.215/2020. Needless to state, the petitioner's rights, if any, shall be subject to the final outcome of the said appeal. 7. With these observations, the petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 4