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2025 DAILYLAW 44939 (KAR)

SMT HEMA N D/O N KALLAPPA v. THE TOWN PANCHAYATH MARIYAMANAHALLI

WP/107069/2024 · 2025-03-11

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4595 WP No. 107069 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107069 OF 2024 (LB-RES) BETWEEN: SMT. HEMA.N. D/O N.KALLAPPA, AGE. 37 YEARS, OCC. HOUSEHOLD WORK, R/O. MARIYAMMANHALLI TOWN, HOSAPETE TALUK, DIST. VIJAYANAGAR-583 222, (OLD BALLARI DISTRICT). …PETITIONER (BY SRI. SHIVARAJ.S.BALLOLI., ADVOCATE) AND: THE TOWN PANCHAYATH, MARIYAMANAHALLI, MARIYAMANAHALLI TOWN, HOSAPETE TALUK, DIST. BALLARI-583 222, REPRESENTED BY ITS CHIEF OFFICER. …RESPONDENT (BY SRI. S.S.BETURMATH., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4595 WP No. 107069 of 2024 ORAL ORDER Sri.Shivaraj S.Balloli., counsel for the petitioner and Sri.S.S.Beturmath., counsel for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondent to issue to the petitioner Khatha-Certificate (Form No.3) in respect of the House property bearing old ward No.3 and new ward No.10 and door No.95 situated at Mariyamanhalli, Hosapete Taluk, Vijaynagar District as per the application made by the petitioner dated:26.07.2024 vide Annexure-D. 3. The short facts are these: The petitioner’s father gifted the petition property bearing No.3/95 situated at Mariyamanhalli, Hosapete Taluk, Vijaynagar District (Old District Ballari), under a registered Gift Deed dated:14.12.2012. Sine then the she has become the absolute owner of the property and she is in peaceful possession and enjoyment of the same. The petitioner was issued with a manual Khatha Certificate in respect of the petition in Form No.3 by the respondent. - 3 - NC: 2025:KHC-D:4595 WP No. 107069 of 2024 As the matter stood thus, on 26.07.2024, the petitioner again applied for the latest Khatha Certificate of the petition property with the respondent. However, the same has not been accorded as of today. Under these circumstances, the petitioner is before this Court. 4. Counsel for the respective parties urged several contentions. Herd the arguments and perused the Writ papers with care. 5. The facts are sufficiently stated and they do not require reiteration. Suffice it to note that the respondent had issued a manual Khatha Certificate in Form No.3 in respect of the petition property as is evident from Annexure-C. However, the request of the petitioner to provide latest Khatha Certificate in Form No.3 has not been accorded for the reasons known to the respondent. When a person seeks issuance of latest Khatha Certificate in Form No.3, a duty casts on the authority concerned to act on the same to do the needful in the matter. However, in the present case the needful has not been done. Hence, Mandamus is ordered. - 4 - NC: 2025:KHC-D:4595 WP No. 107069 of 2024 6. The Writ Petition is disposed of directing the respondent to consider the request of the petitioner to issue Khatha Certificate in Form No.3 as per the application made by the petitioner dated:26.07.2024 vide Annexure-D at the earliest, in accordance with the law, within eight weeks from the receipt of certified copy of this order. This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 79