- 1 - HC-KAR NC: 2025:KHC:32591-DB WA No. 1883 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1883 OF 2024 (LB-RES) BETWEEN: 1. THIMMANAYAK S/O. MANCHANAYAKA AGED ABOUT 58 YEARS R/AT HUNNEGUPPE ROAD PERIYAPATNA TOWN AND TALUK MYSORE DISTRICT - 577 107 …APPELLANT (BY SRI. C R SUBRAMANYA, ADVOCATE) AND: 1. SHIVANNA S/O LATE HALAGAPPA AGED ABOUT 50 YEARS 2. HALAGAPPA S/O LATE SANNAPPA AGED ABOUT 65 YEARS 3. HONNAPPA S/O LATE SANNAPPA AGED ABOUT 52 YEARS 4. CHANDRASHEKARA S/O LATE SANNAPPA AGED ABOUT 45 YEARS Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32591-DB WA No. 1883 of 2024 ALL ARE R/AT VOKKALIGARA BEEDI PETE PIRIYAPATNA TOWN MYSURU DISTRICT - 577 107 5. CHIEF OFFICER TOWN PANCHAYATH PERIYAPATNA TOWN …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE ABOVE WRIT APPEAL AND SET ASIDE THE JUDGMENT/ ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No. 41644 OF 2012 (LB-RES) DATED 23.05.2023 AND ALLOW THE RESOLUTION PASSED BY THE FIFTH RESPONDENT WITH COST THROUGHOUT IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) The appellant has filed the present appeal impugning an order 23.05.2023 passed by the learned Single Judge in Writ Petition No.41644/2012 captioned 'Shivanna and Ors. v. Chief Officer and Ors'. - 3 - HC-KAR NC: 2025:KHC:32591-DB WA No. 1883 of 2024 2. The said petition was filed by respondent Nos.1 to 4 impugning a resolution dated 23.07.2012 passed by respondent No.5 (Town Panchayat) contesting the entry in respect of a land measuring 22 x 33 mts. situated at Gollarabeedi, Pete, Piriyapatna Town in favour of the appellant. The appellant claims title to the said land by virtue of a sale deed dated 15.06.1940, which was executed by one Shri Patel Halagappa in favour of Shri Mancha Naika. The appellant claims to be the son of Mancha Naika. 3. The contesting respondents dispute that the subject land was sold to Mancha Naika. They claim that Shri Halagappa was the absolute owner of the subject property and was in possession and enjoyment of the same. Shri Halagappa had expired intestate in the year 1952, leaving behind two sons namely, Honnappa and Sannappa, who had since succeeded to the subject property. However, the khata continued to reflect name of their father. Shri Sannappa, expired in the year 1972 and was survived by three sons, namely Halagappa, Honnappa and Chandrasekhar. Shri Honnappa expired intestate in the year 1993 and was survived by three sons, namely, Halappa, Subbegowda and Shivanna. The contesting respondents claim that the children of Honnappa and - 4 - HC-KAR NC: 2025:KHC:32591-DB WA No. 1883 of 2024 Sannappa had succeeded to the property and continued to be in possession of the same. They also claim that they had been regularly paying property tax to the Panchayat in respect to the subject land. 4. It is apparent from the above contents of the petition that there is a dispute as to the title of the subject land. The appellant and his father had not taken any steps for carrying out the mutation of the subject land at the material time. It was also the contention of the contesting respondents that respondent No.5 had not conducted a full enquiry as required and they were not afforded any opportunity to be heard. 5. In view of the above, the learned Single Judge allowed the writ petition and set aside the impugned resolution. The learned Single Judge also observed that there are disputed questions touching on the title of the property and, therefore, the aggrieved persons are required to approach the competent Civil Court. 6. We concur with the aforesaid view and find no ground to interfere with the impugned judgment. - 5 - HC-KAR NC: 2025:KHC:32591-DB WA No. 1883 of 2024 7. The appeal is, accordingly, dismissed. 8. The pending applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 41