Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21234 WP No. 34084 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34084 OF 2024 (LB-RES) BETWEEN:
SMT. SHARADAMMA R.P, W/O LATE CHANDRAPPA.S, AGED ABOUT 60 YEARS, R/O YADEHALLI VILLAGE, BHADRAVATHI TALUK SHIMOGA DISTRICT – 577 227. …PETITIONER (BY SRI. H B RUDRESH.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ VIKASA SOUDHA BENGALURU – 560 001.
2.
YADEHALLI VILLAGE PANCHAYAT REP BY ITS PANCHAYAT DEVELOPMENT OFFICER BHADRAVATHI TALUK SHIMOGA DISTRICT – 577 227.
3.
EXECUTIVE OFFICER, TALUK PANCHAYAT, BHADRAVATHI BHADRAVATHI TALUK, SHIMOGA DISTRICT – 577 301.
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21234 WP No. 34084 of 2024
4.
SRI SRINIVASA C S/O LATE CHANDRAPPA S AGED ABOUT 31 YEARS R/O YADEHALLI VILLAGE, BHADRAVATHI TALUK, SHIMOGA DISTRICT – 577 227 …RESPONDENTS (BY SRI. BOPANNA.B, AGA FOR R1;
SRI. B.J. SOMAYAJI ADVOCATE FOR R2 AND R3 SRI. N. DINESH RAO, ADVOCATE FOR R4)
THIS W. P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RESTORE THE JOINT KHATHA AS PER THE FAMILY TREE OF LATE SRI. CHANDRAPPA. DIRECT THE R-2 TO COMPLY THE
ORDER OF THE R-3 VIDE ANNX-D AND ETC.,
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned counsel for respondent No.4 has vehemently opposed the present writ petition, primarily raising two grounds. Firstly, it is submitted that the name of respondent No.4 was directed to be mutated in the revenue records vide Annexure-D, in compliance with the directions issued by this Court in W.P. No.10814/2022, a copy of which is produced at Annexure-C. Secondly, it is contended that the petitioner cannot seek a writ of mandamus from this Court to direct respondent No.3 to consider her representation, as the
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HC-KAR NC: 2025:KHC:21234 WP No. 34084 of 2024
petitioner has not chosen to challenge the mutation order passed by respondent No.3, which is evidenced at Annexure-D.
2. Upon conclusion of arguments, learned counsel for the petitioner submits that the order at Annexure-D has already been implemented and the petitioner does not wish to pursue any grievance in this regard. It is further submitted that the petitioner intends to withdraw the present writ petition unconditionally.
3. In light of the petitioner's intention to withdraw the writ petition, this Court takes note of the contentions urged by respondent No.4 in the statement of objections, particularly the assertion that the petitioner has already been allotted two properties namely a residential house and a portion of garden land towards her legitimate share, and as such, her present request seeking mutation of her name with respect to the property in question cannot be entertained or adjudicated in these proceedings under Article 226 of the Constitution of India.
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HC-KAR NC: 2025:KHC:21234 WP No. 34084 of 2024
4. In view of the submissions made, the prayer of the petitioner to withdraw the writ petition is allowed. Accordingly, the writ petition stands dismissed as withdrawn.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 1 Sl No.: 33