Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24955 WP No. 17298 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17298 OF 2025 (LB-RES) BETWEEN:
M/S. SANTHOSH ENTERPRISES, REGISTERED PARTNERSHIP FIRM, HAVING OFFICE AT, RAILWAY STATION ROAD, ANANDAPURAM, SHIVAMOGGA DISTRICT, KARNATAKA - 577 412.
REPRESENTED BY ITS PARTNER, SRI. S. ASHWIN. …PETITIONER (BY SRI. SUDHAKARA M.R, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, MS BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
PANCHAYATH DEVELOPMENT OFFICER, ANANDAPURAM GRAM PANCHAYATH, SAGAR TALUK, SHIVAMOGGA DISTRICT - 577 412. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA FOR R1;
SRI. B.J. SOMAYAJI, ADVOCATE FOR R2)
Digitally signed by CHAITHRA P Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:24955 WP No. 17298 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R2 TO CONSIDER THE REPRESENTATION DATED 04.10.2019, 05.09.2023 AND 03.01.2024 MADE TO THE R2 (ANNEXURE -E, J AND K) AND DIRECT THE R2 TO ISSUE FORM 9 AND FORM 11E (E-KATHA) IN THE NAME OF THE PETITIONER IN RESPECT TO THE PROPERTIES.
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
The petitioner is seeking a mandamus against the respondents for issuance of form 9 and 11E katha by considering the representations dated 04.10.2019, 05.09.2023 and 03.01.2024 as per Annexure-E, J and K.
2. Heard learned counsel for the petitioner and
learned counsel for the respondents. Perused the records.
3. The petitioner, being a registered partnership firm, has acquired the scheduled properties under a registered sale deed dated 06.10.1997. The petitioner
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HC-KAR NC: 2025:KHC:24955 WP No. 17298 of 2025
asserts that pursuant to the acquisition of title by the firm, tax demand extract is issued by the panchayat evidenced at Annexure-D.
4. The petitioner is primarily aggrieved by inaction on the part of respondent No.2/grama panchayat in not issuing katha despite the petitioner firm asserting title based on a registered sale deed.
5. The learned counsel for respondent No.2, on instructions, submits that respondent No.2 has secured all relevant documents and the petitioner's representation is already placed before the gram panchayat for further course of action. He would submit the petitioner's representation will be considered in accordance with law.
6. Recording his assurance, this Court passes the following:
ORDER i. The writ petition is allowed.
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HC-KAR NC: 2025:KHC:24955 WP No. 17298 of 2025
ii. The petitioner's representations dated 04.10.2019, 05.09.2023 and 03.01.2024 vide Annexure-E, J and K shall be considered by respondent No.2/grama panchayat by taking cognizance of title document evidenced at Annexure-D; iii. This exercise shall be accomplished within a period of 6 weeks from the date of receipt of order copy.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 26 CT: BHK