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2025 DAILYLAW 48482 (KAR)

P A NAGENDRA v. STATE OF KARNATAKA

WP/16622/2025 · 2025-07-08

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24671 WP No. 16622 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 16622 OF 2025 (LB-RES) BETWEEN: P A NAGENDRA, S/O LATE P S ASHWATHANARAYANAPPA, AGED ABOUT 65 YEARS, R/AT M-996, 2ND CROSS, 9TH MAIN, VIVEKANANDANAGAR, J.T. EXTENSION, MYSURU-570 034. …PETITIONER (BY SRI/SMT. APARAJITHA ARIGA K.., ADVOCATE) AND: 1. 2. 3. STATE OF KARNATAKA, BY ITS SECRETARY TO DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. THE CHIEF EXECUTIVE OFFICER, FIRST FLOOR, ZILLA PANCHAYAT, PES ENGINEERING COLLEGE ROAD, MANDYA-571 401. PANCHYATH DEVELOPMENT OFFICER, TURIGALI, MALAVALLI TALUK, MANDYA DISTRICT-571 401. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24671 WP No. 16622 of 2025 4. THE EXECUTIVED OFFICER, TALUK PANCHAYATH, MALAVALLI, MANDYA DISTRICT-571 401. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA., AGA FOR R1, SRI. B. J. SOMAYAJI, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICELS 226 AND 227 FOT HE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 7.2.2019, 13.2.2024 AND 20.11.2024 AND 6.1.2025 VIDE ANNX-B, C, E AND G TO TRANSFER THE KATHA IN RESPECT OF HOUSE KATHA NO 751 PURIGALI VILLAGE MALAVALLI TALUK, MANDYA DISTRICT KARNATAKA, (CONVERTED LAND MEASURING 10 GUNTAS (10890 SQUARE FEETS) IN SURVEY NO. 5/1A OF PURIGALI VILLAGE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the caption petition, petitioner is seeking direction against the respondents, who have declined to consider petitioner's representation dated 07.02.2019, 13.02.2024, 20.11.2024 and 06.01.2025 vide Annexure B, C, E and G, to transfer the khatha in respect of House Khatha No.751, Purigali village, Malavalli Taluk, Mandya District, Karnataka. - 3 - HC-KAR NC: 2025:KHC:24671 WP No. 16622 of 2025 2. Heard learned counsel for the petitioner, learned counsel appearing for respondent Nos.2 to 4 and learned AGA appearing for respondent No.1. 3. The petitioner claims to be the owner of the schedule property bearing House Khatha No.751, which is stated to have been formed out of a converted land measuring 10 guntas in Sy.No.5/1A. It is the petitioner’s specific case that, pursuant to an order passed by the Tahsildar, he has constructed a residential building on the said property. Following the demise of his mother, Smt. Jayalakshmamma, the petitioner submitted a representation seeking change of khatha in his name. In support of the request, the petitioner has furnished documents enumerated in paragraph No.4 of the writ petition. Subsequent representations reiterating this request are also on record, as evidenced by Annexures B, C, E, and G. 4. Learned counsel appearing for the respondent, upon instructions, submits that the Gram Panchayat has no objection to effecting the change of khatha, provided the petitioner is able to identify the property. - 4 - HC-KAR NC: 2025:KHC:24671 WP No. 16622 of 2025 5. The said submission is placed on record. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.3— Purigali Village Gram Panchayat, Malavalli Taluk, Mandya District is directed to consider the petitioner’s representation at Annexure ‘A’ for change of khatha. (iii) If the documents earlier submitted by the petitioner are not available in the records of respondent No.3, the petitioner shall furnish another set of the same documents, as enclosed with Annexure ‘A’. (iv) Respondent No.3 shall consider the petitioner’s request strictly in accordance with law, and after conducting a spot inspection with the assistance of the petitioner, shall pass appropriate orders within a reasonable time. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE AKV,_List No.: 1 Sl No.: 16