Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33065 WP No. 15089 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 15089 OF 2024 (LB-RES)
BETWEEN:
1.
SRI. NAGARAJAPPA T.
S/O LATE THIMMAPPA AGED ABOUT 59 YEARS R/AT AKKITHIMMAIAHANAHATTI VILLAGE MADADAKERE HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577 527.
2.
SRI. HALAPPA K.
S/O LATE KESHAVAPPA AGED ABOUT 51 YEARS R/AT AKKITHIMAIAHANAHATTI VILLAGE MADADAKERE HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577 527.
3.
SRI. VIRUPAKSHAPPA K.
S/O LATE KESHAVAPPA AGED ABOUTN 49 YEARRS R/T AKKITHIMMAIAHANAHATTI VILLAGE MADADAKERE HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577 527. …PETITIONERS
(BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)
AND:
1.
THE CHIEF EXECUTIVE OFFICER CHITRADURGA ZILLA PANCHAYATH CHITRADURGA DISTRICT-577 501.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:33065 WP No. 15089 of 2024
2.
THE EXECUTIVE OFFICER HOSADURGA TALUK AND TOWN CHITRADURGA DISTRICT-577 527.
3.
THE PANCHAYATH DEVELOPMENT OFFICER DEVAPURA GRAMA PANCHAYATI DEVAPURA VILLAGE, HOSDURGA TALUK CHITRADURGA DISTRICT-577 527.
4. TANU D/O CHIKKANNA MAJOR R/AT AKKITHIMMAIAHANATTI VILLAGE MADADAKERE HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577 527. …RESPONDENTS
(BY SRI. N.PRAVEEN KUMAR, ADVOCATE FOR R1 TO R3;
SMT. SHILPA J., ADVOCATE FOR SMT. ASHWINI O., ADVOCATE FOR R4)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SHOW CAUSE NOTICE ISSUED BY RESPONDENT NO.3 TO THE PETITIONERS DATED 23/05/2024 VIDE ANNEXURE-A AND THE MEMORANDUM ISSUED BY RESPONDENT NOS.1 TO 2 DATED 20/03/2024 IN NO.Ji.Pam:Aa(6)/E- Svattu/C.R-59/2023-24 VIDE ANNEXURE-B AND THE ORIGINAL GENERAL BODY MEETING LETTER ISSUED BY RESPONDENT NO.3 DATED 23/05/2024 TO PETITIONERS BY NOTIFYING THE DATE OF MEETING DATED 03/06/2024 VIDE ANNEXURE-M AND ETC.
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HC-KAR NC: 2025:KHC:33065 WP No. 15089 of 2024
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
The writ petition pertains to issuance of show cause notice regarding the cancellation of khata issued in favour of the petitioners in respect of the property which is the subject matter of the writ petition. The writ petition is filed with the following prayers: a) Issue Writ of Certiorari to quash The Show Cause Notice issued by the Respondent No.3 to the petitioners dated:23-05-2024 vide Annexure-A and the Memorandum issued by the Respondent No.1 to Respondent No.2 dated:20-03-2024 in No.Ji Pam:Aa(6)/E-Svattu/C.R-59/2023-24 vide Annexure-B & the original General Body Meeting letter issued by Respondent No.3 dtd:23-05-2024 to Petitioners by notifying the date of meeting dtd:03-06-2024 vide Annexure-M. b) Issue such other appropriate writ or order direction as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity."
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HC-KAR NC: 2025:KHC:33065 WP No. 15089 of 2024
2. It is submitted that this Court has passed an interim order on 11.06.2024, wherein, it has been ordered that there shall be an ad-interim order of stay of the impugned notice at Annexure-A to the writ petition and all further proceedings thereto. However, it is submitted by respondents that, prior to passing of the order dated 11.06.2024 by this Court, on 07.06.2024 itself, the khata has been already cancelled in pursuance of the show cause notice challenged herein. It is submitted that, however, by mistake the same was not brought to the notice of this Court on 11.06.2024 when the interim order was passed.
3. The learned counsel for the petitioner submits that he may be given liberty to challenge the order of cancellation of khata.
4. Reserving the liberty to the petitioner to challenge the order of cancellation of khatha which is dated 07.06.2024 in the manner known to law, the writ petition is disposed of. Sd/- (M.I.ARUN) JUDGE PGG