- 1 - NC: 2025:KHC:11581 WP No. 23459 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 23459 OF 2022 (LB-RES) BETWEEN: 1. A V ANANTHARAMAIAH S/O VENKATRAMAIAH AGED ABOUT 64 YEARS RETIRED KPTCL ENGINEER R/O NEAR GAYATHRI PRINTERS BASAVANAHALLI CHIKKAMAGALURU CITY-577 101 … PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RERPESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ M S BUILDING, DR AMBEDKAR VEEDI BANGALORE-560 001 2. THE PANCHAYATH DEVELOPMENT OFFICER AMBLE GRAM PANCHAYAT AMBLE, AMBLE POST CHIKKAMAGALURU TALUK AND DISTRICT-577 101 3. ADYAKSHA/THE PRESIDENT AMBLE GRAM PANCHAYAT Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11581 WP No. 23459 of 2022 AMBLE, AMBLE POST CHIKKAMAGALURU TALUK AND DISTRICT-577 101 4. CHIEF EXECUTIVE OFFICER AMBLE PRATHAMIKA KRISHI PRATHINA SAHAKARA SANGHA NIYAMITHA (PRIMARY AGRICULTURE RURAL DEVELOPMENT CO OPERATIVE SOCIETY LTD) MALALURU CHIKKAMAGALURU TALUK AND DISTRICT-577 101 … RESPONDENTS (BY SRI. YOGANNA K.P., AGA FOR R1; SRI ASHOK N. NAYAK, ADVOCATE FOR R2 & R3; SRI SATISH R. GIRJI, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RESOLUTION DTD 11.2.2020 PASSED BY THE R2 AND 3 THAT IS THE PDO AND PRESIDENT OF THE AMBLE GRAMA PANCHAYAT CHIKKAMAGALURU TALUK AND DISTRICT AS PER ANNEXURE-F ALTERNATIVELY RESTORE THE KHATA OF THE PROPERTY IN THE NAME OF THE PETITIONER 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 challenged the resolution dated 11.02.2020 passed by respondents 2 and 3 whereby the Grama Panchayat had resolved for transfer of katha in the name of the Bank. Subsequently, on the basis of such resolution, katha came to be effected in the name of the - 3 - NC: 2025:KHC:11581 WP No. 23459 of 2022 Chief Executive Officer and President of the 4th respondent - Amble Prathamika Krishi Prathina Sahakara Sangha Niyamitha. The resolution and the entry effected pursuant to the resolution are in question. 2. It is the case of the petitioner that resolution was passed treating Ramachandraiah as the owner, however, the legal title vests with the present petitioner. 3. Learned counsel appearing for respondent No.2 has filed copy of the judgment and decree in O.S.No.481/2011, which is a suit filed by Sri. A. V. Ramachandraiah and after his demise it was prosecuted by his legal representatives. The said suit was dismissed and in such proceedings, there is a reference to proceedings against Ramachandraiah as regards loan dues which culminated in Ex.P.No.16/1959-60 and that auction proceedings were subsequently held, in which, auction proceedings property has devolved to the said Bank. The said judgment and decree was challenged in R.A.No.21/2019 which also came to be rejected. It is - 4 - NC: 2025:KHC:11581 WP No. 23459 of 2022 accordingly, submitted that in light of such resolution, katha has been effected. 4. The petitioner has not whispered regarding such proceedings, though petitioner is defendant No.1(a) in the proceedings referred to above. Though it is claimed that title of the property was not with Ramachandraiah but his brother Sri. A. Venkataramaiah, however, such issue cannot be gone into in the present proceedings. 5. Accordingly, this Court finds no merits in the present petition and taking note that the petitioner has not come with clean hands and also taking note that the judgment and decree was passed recognising the public auction in favour of the Bank, the petition lacks merits and is dismissed. Sd/- (S SUNIL DUTT YADAV) JUDGE VP