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2025 DAILYLAW 75907 (KAR)

ARE HANUMAAIAH v. THE STATE OF KARNATAKA

WP/30947/2025 · 2025-11-26

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49053 WP No. 30947 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30947 OF 2025 (KLR-RES) BETWEEN: 1. ARE HANUMAAIAH SINCE DEAD BY LR'S. SMT. GANGA THIMMAKKA W/O LATE ARE HANUMAAIAH AGED ABOUT 72 YEARS, R/AT KATTIHOSAHALLI VILLAGE, DODDA BELAVANGALA HOBLI, DODDABALLAPURA TALUK - 561 204. 2. SMT. GANGAMMA, D/O OF LATE ARE HANUMAIAH, AGED ABOUT 52 YEARS, R/AT KOTTANAHALLI VILLAGE, TUMKUR TALUK AND DISTRICT-572 101. 3. SRI. GANGARAJU, S/O LATE ARE HANUMAIAH AGED ABOUT 48 YEARS. R/AT KATTIHOSAHALLI VILLAGE, DODDA BELAVANGALA HOBLI, DODDABALLAPURA TALUK - 561 204. 4. SHARADAMMA D/O LATE ARE HANUMAIAH AGED ABOUT 45 YEARS, R/AT KALENAHALLI VILLAGE, DODDA BELAVANGALA HOLBI, DODDABALLAPURA TALUK - 561 204. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49053 WP No. 30947 of 2025 5. SMT. THIMMAKKA W/O LATE CHIKKA GANGAIAH, AGED ABOUT 67 YEARS, R/AT KATTIHOSAHALLI VILLAGE, DODDA BELAVANGALA HOBLI, DODDABALLAPURA TALUK - 561 204. …PETITIONERS (BY SRI. KALYAN R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR. AMBEDKAR BEEDI, BENGALURU - 560 001. REP BY SECRETARY. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA-561 204. 3. THE TAHSILDAR, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND TO QUASH THE IMPUGNED ENDORSEMENTS DATED 28-05-2024 BEARING NO. RRTCR/CR/67/2024-25 ISSUED BY THE TAHSILDHAR, DODDABALLAPURA TALUK AND ENDORSEMENT DATED 27-06-2025 BEARING NUMBER RA(DO) CR- 04/2025 ISSUED BY THE ASSISTANT COMMISSIONER, COMPETENT AUTHORITY. THE PETITIONERS BEING AGGRIEVED BY THE ENDORSEMENTS ISSUED BY THE RESPONDENTS PREFERS THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49053 WP No. 30947 of 2025 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ of certiorari to set aside the endorsement dated 28.05.2024 issued by the Tahsildar, Doddaballapura Taluk, as well as has sought for setting aside of endorsement dated 27.06.2025, issued by the Assistant Commissioner. 2. Learned counsel for the petitioner submits that they had made a request for effecting khata on the basis of an unregistered 'panchayat parikath', said request has been rejected by the Tahsildar in terms of the endorsement at Annexure-A and the Assistant Commissioner in terms of the endorsement at Annexure-A1 recording that the khata cannot be effected on the basis of an unregistered panchayat parikath. 3. It is a settled position of law that family arrangements can also be oral and need not necessarily be registered, if they record pre-existing rights. It is for the petitioner to satisfy the authority that the panchayat parikath does not require registration. - 4 - HC-KAR NC: 2025:KHC:49053 WP No. 30947 of 2025 4. Unless there is any dispute which may be considered appropriately, it cannot be stated that khata cannot be effected. Accordingly, the endorsement in Annexure-A and Annexure-A1 are set aside. 5. The respondent No.3-Tahsildar to consider the application of the petitioner for effecting mutation on the basis of an oral panchayat parikath, if it is demonstrated that it does not require registration and take appropriate proceedings after following due procedure including issuing notice to all interested persons. Said process to be completed within a period of four months. 6. Needless to state, petitioner to co-operate and furnish clarifications and documents, if required by the respondent- authorities during the process of such consideration. With the above observations, petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE RL List No.: 1 Sl No.: 50