- 1 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.46020 OF 2017 (LB-RES) BETWEEN: 1. SMT R INDRANI W/O M.NARASHIMA REDDY AGED ABOUT 39 YEARS RESIDING AT HARAPANAHALLI JIGANI (P), ANEKAL TALUK BANGALORE-560 105. 2. SMT.RATHNAMMA W/O N.RAMA REDDY AGED ABOUT 58 YEARS RESIDING AT BANDENALLASANDRA JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT 3. SRI.M.V.NAGESH S/O T.M.VENKATARAMANIAH AGED ABOUT 56 YEARS RESIDING AT NO.30, I MAIN ROAD SUBEDARPALYA, YESHWANTPUR BANGALORE-560 022. 4. SRI.SUNIL MANJUNATH S/O K.H.MANJUNATH AGED ABOUT 40 YEARS Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 RESIDING AT NO.1 'B', 'GAYATHRI NILAYA' 3RD CROSS, NAVODAYA NAGARA J.P.NAGAR, 7TH PHASE BANGALORE-560 078. 5. SRI.NARAHARI C PUROHIT S/O LATE CHIDAMBAR S.PUROHIT AGED ABOUT 55 YEARS RESIDING AT HOUSE NO.868 NISARGA LAYOUT, KOPPA GATE JIGANI HOBLI, BANNERGHATTA POST BANGALORE-560 083 6. SMT.PADMAVATHY S W/O M.A.KHAN AGED ABOUT 56 YEARS PERMANENTLY RESIDING AT NO.2101 SECTOR-8, FARIDABAD-121 006 7. SRI.G.S.RAVI KUMAR S/O G.K.SREENIVAS RAO AGED ABOUT 54 YEARS RESIDING AT NO.1265 9TH 'B' CROSS, 14TH MAIN OPP. KAMALA NURSING HOME SRINAGAR BANGALORE-560 050. 8. SRI.CHETTIPALLE RANGA RAO CHANDRA SHEKAR S/O C.S.RANGA RAO AGED ABOUT 82 YEARS PERMANENT RESIDENT OF NO.308 III MAIN STREET, T.N.H.B. COLONY WALAJAPET VELLORE DISTRICT, TAMIL NADU - 3 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 9. SRI.MUKESH BHARADWAJ S/O MAHESH CHANDRA SHARMA AGED ABOUT 64 YEARS RESIDING AT NO.303 SE 16TH MAIN, 2ND CROSS, NISARGA LAYOUT BANGLAORE-560 083. 10. SRI.V.GANESAN S/O N.VENKATARAMAN AGED ABOUT 73 YEARS RESIDING AT NO.984, 9TH BLOCK JAYANAGAR BANGALORE-560 069. 11. SRI.V.BHADRA REDDY S/O LATE VENKATA REDDY AGED ABOUT 60 YEARS 12. SRI.SANTHOSH.B S/O BHADRA REDDY AGED ABOUT 33 YEARS BOTH RESIDING AT NO.1745 NISARGA LAYOUT HARAPPANAHALLI JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT. 13. SRI.G.SHASHIKANTH S/O LATE G.GOPALAKRISHNA AGED ABOUT 61 YEARS RESIDING AT NO.726/B, 1ST FLOOR, 24TH MAIN, J.P.NAGAR 6TH PHASE, BANGALORE-560 078 - 4 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 14. SRI.LAKSHMI RANGANATH W/O RANGANATH K.N AGED ABOUT 70 YEARS RESIDING AT # 167, NISARGA RESIDENTIAL LAYOUT KALLUBALU VILLAGE, JIGANI HOBLI ANEKAL TALUK 15. SRI.VINAYAK MOHAN NAIK S/O MOHAN P NAIK AGED ABOUT 32 YEARS RESIDING AT C/O M.P.NAIK K.S.R.P OFFICERS QUARTERS HEMANTHA BLOCK, NO.10, BLOCK # 2 KORAMANGALA, BANGALORE-560 034. 16. SRI.P.RAGHURAMAN S/O R.PATTABI RAMAN AGED ABOUT 44 YEARS RESIDING AT # 546, 10TH MAIN 15TH CROSS, ISRO LAYOUT BANGALORE-560 078 17. SMT.NAGAMANI T.R. W/O RAMA SUBBA RAO T.N AGED ABOUT 39 YEARS RESIDING AT NO.352/B 1ST CROSS, AVALAHALLY G.E.F. POST, MYSORE ROAD BANGALORE-560 026. 18. SRI.G.JAYARAMA S/O LATE GUJJAPPA AGED ABOUT 60 YEARS 19. SMT.SWETHA W/O G.JARARAMA AGED ABOUT 39 YEARS - 5 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 BOTH ARE RESIDING AT NO.301 A.M.C RESIDENCY, ADUGODI BANGALORE-560 030. 20. SRI.SURESH KUMAR MAHTO S/O SRI.RAGHUNATH MAHTO AGED ABOUT 37 YEARS PERMANENT RESIDENT AT VILLAGE POST MURIA DISTRICT DAR BHANGA BIHAR-847 115 21. SRI N.M.Y.RAMAN S/O MAHADEVA DEEKSHITAR AGED ABOUT 61 YEARS PERMANENTLY RESIDING AT NO.401 S.I.D.B.I APARTMENTS 25, VEERA DESAI ROAD ANDHERI, WEST MUMBAI-400058 22. SRI.SRIRAM JATLA S/O J.ANKAIAH AGED ABOUT 44 YEARS RESIDING AT SHIV SUNDARAM APARTMENTS F-4, I FLOOR, PATALAMMA TEMPLE STREET BASAVANAGUDI BANGALORE-560 004. 23. SMT.DEVANI W/O C.KRISHNAPPA AGED ABOUT 37 YEARS RESIDING AT BUKKASAGARA VILLAGE KALLUBALU POST, JIGANI HOBLI ANEKAL TALUK BANGALORE-560 083. - 6 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 24. SMT.SHANTHI VENKATESH W/O MR.K.VENKATESH AGED ABOUT 54 YEARS 25. SRI.K.VENKATESH S/O V.K.MURTHY AGED ABOUT 56 YEARS BOTH ARE PERMANENT RESIDENTS AT NO.373 SECTOR-37, FARIDABAD-120 003 HARYANA 26. SRI.M.GOPAL REDDY S/O LATE MOPU REDDY AGED ABOUT 52 YEARS NO.1444, NISARGA LAYOUT BANNERGHATTA (P) BANGALORE-560 083 27. SMT.SHYAMALA A.NAMBIAR W/O ASHOK K NAMBIAR AGED ABOUT 50 YEARS PERMANENTLY RESIDING AT NO.4/275, J.K.HOUSE TELANG ROAD, MATUNGA MUMBAI-400 019 28. MS.GEETHA KRISHNA D/O KRISHNA IYENGAR AGED ABOUT 44 YEARS RESIDING AT # 1539, 9TH BLOCK, EAST SOUTH END 'B' MAIN, JAYANAGAR BANGALORE-560 069. - 7 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 29. SRI.R.PRADEEP S/O T.RANGASWAMY AGED ABOUT 59 YEARS RESIDING AT LF-42-6, ESIC STAFF QUARTERS NANDINI LAYOUT BANGALORE-560 096 30. SMT.ANITHA SINGH W/O ASHOK KUMAR SINGH AGED ABOUT 51 YEARS RESIDING AT # 9/6-1 (OLD NO.9/1A) 9TH CROSS, III MAIN CHAMARAJPET BANGALORE-560 018 31. SRI.G.N.SHIVARAMAIAH S/O B.NARAYANA AGED ABOUT 54 YEARS RESIDING AT JIGANI VILLAGE JIGANI POST, ANEKAL TALUK BANGALORE DISTRICT 32. MS.TARANNUM D/O RAFEEQ MULLA AGED ABOUT 26 YEARS RESIDING AT #4, POLICE OFFICERS QUARTERS NEAR ASHOK NAGAR POLICE STATION Y.G.PALYA, ANJANEYA TEMPLE STREET BANGALORE-560 047 33. SRI.ANANTHA KRISHNA RAO K S/O P.JANARDHANA RAO AGED ABOUT 69 YEARS RESIDING AT FLAT NO.#62, BLOCK #7, JEEVAN GRIHA - 8 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 LIC FLATS, J.P.NAGAR I PHASE BANGALORE-560 078. 34. MAJOR (RETD) GURUPRASAD KRISHNA JOSHI S/O KRISHNA NARAYANA JOSHI AGED ABOUT 71 YEARS RESIDING AT NO.37, NISARGA LAYOUT, 1ST MAIN, 5TH A CROSS JIGANI HOBLI BANGALORE-560 083. 35. SRI.RAJESHWARI RANGANATHAN S/O M.RANGANATHAN AGED ABOUT 63 YEARS RESIDING AT # 2590,17TH CROSS 8TH MAIN, BANASHANKARI II STAGE BANGALORE-560 078 36. SMT.K.VEDAVATHI W/O KRISHNA REDDY AGED ABOUT 42 YEARS RESIDING AT NO.556SE NISARGA LAYOUT BANNERGHATTA POST BANGALORE-560 083 37. SMT.MAMATA NAGESH HEGDE W/O HEGDE NAGESH GANESH AGED ABOUT 44 YEARS RESIDING AT FLAT # F-11, "NANDA RESIDENCY", 1ST MAIN PRASHANTHI NAGAR EXTENSION BANGALORE-560078 38. SMT.PADMA R W/O SHUBHAKAR N R AGED ABOUT 32 YEARS RESIDING AT POLICE NAGARAJ REDDY LAYOUT - 9 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 KODATHI GATE SARAJAPURA MAIN ROAD BANGALORE-560 035 39. SRI KRISHNACHARI D N S/O SRI.NANJACHARI AGED ABOUT 57 YEARS RESIDING AT NEAR ANJANEYA TEMPLE MARUTHI NAGAR KAMAKSHIPALYA BANGALORE-560 079 40. SRI T R SUBRAMANIAN S/O LATE SRI T H RAMAKRISHNAN AGED ABOUT 73 YEARS 41. SMT.S.RAJALAKSHMY W/O T.R SUBRAMANIAN AGED ABOUT 63 YEARS BOTH ARE RESIDING AT # 3, 729/2 "SHRI SAI", 2ND "A" MAIN, 3RD CROSS VENKATADRI LAYOUT PANDURANGA NAGAR BANNERGHATTA ROAD BANGALORE-560 076 42. SMT.KANTHAMMA W/O N.BASAVARAJU AGED ABOUT 55 YEARS RESIDING AT NO.17 KALLUBALU VILLAGE BANNERGHATTA POST JIGANI HOBLI ANEKAL TALUK BANGALORE-560083 - 10 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 43. SRI.ARUN R KUDUR S/O K N RANGANATH AGED ABOUT 48 YEARS REPRESENTED BY HIS GPA HOLDER SRI.K.N.RANGANATH S/O NAGARAJ RAO AGED ABOUT 77 YEARS RESIDING AT NO.167 NISARGA RESIDENTIAL LAYOUT KOPPA GATE, KALLUBALU POST JIGANI HOBLI, ANEKAL TALUK BANGALORE-562 106 44. SRI.K.M.SATHISH S/O K S MALLAPPA AGED ABOUT 45 YEARS RESIDING AT # 134, NISARGA LAYOUT KALLABALU POST, JIGANI HOBLI BANGALORE-560 106 45. SMT.RATNAMMA W/O CHINNASWAMY REDDY AGED ABOUT 55 YEARS RESIDING AT SOOPALLI VILLAGE SIDESKOTE POST ANEKAL TALUK BANGALORE DISTRICT 46. SMT.TRIVENI W/O N.VENKATASWAMY REDDY AGED ABOUT 41 YEARS RESIDING AT # 1444,12TH CROSS NISARGA LAYOUT BANNERGHATTA POST BANGALORE 47. SMT.SMITHA AJO KURIAN W/O AJO KURIAN JOSEPH AGED ABOUT 34 YEARS - 11 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 48. SRI JAMES JOSEPH S/O LATE P C.JOSEPH AGED ABOUT 62 YEARS BOTH OF THE ABOVE ARE REPRESENTED BY THEIR GPA HOLDER SRI.GEORGE C S/O LATE T.CHACKO AGED ABOUT 70 YEARS PRESENTLY RESIDING AT KRIPA BHAVAN NO.233-NE, 3RD MAIN, NISARGA LAYOUT BANNERGHATTA POST BANGALORE-560083 49. SMT.SUMA DATTATREYA W/O E.P.SATHYANARAYANA AGED ABOUT 37 YEARS RESIDING AT NO.55NE 'NISARGA LAYOUT', HARAPANAHALLI VILLAGE JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT 50. SRI.K.R.DATTATREYA S/O K S RAMASWAMY AGED ABOUT 76 YEARS RESIDING AT # 239, "A" BLOCK AECS LAYOUT BANGALORE-560 037 51. SRI C.GEORGE S/O T.CHACKO AGED ABOUT 71 YEARS RESIDING AT # 46, N.S.ENGLISH COUNTY BANNERGHATTA POST BANGALORE-560083 - 12 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 52. SRI.M.S.KRISHNA KUMAR S/O M.V.SUBBA NARASIMHA SHASTHRI AGED ABOUT 49 YEARS RESIDING AT #151, III CROSS, 4TH MAIN RAILWAY LAYOUT, ULLAL MAIN ROAD BHAVANI NAGAR BANGALORE-560056. 53. SRI.THRIYAMBAKA MURTHY M R S/O.M.D.RAJANNA AGED ABOUT 48 YEARS 54. SMT SUSHMA C J W/O THRIYAMBAKA MURTHY M.R. AGED ABOUT 40 YEARS BOTH ARE RESIDING AT ANNAPOORNESHWARI NILAYA T.P.K.ROAD SAPTHAGIRI EXTENSION TUMKUR 55. SRI.GANGADARA M S/O SRI.MUNIYAPPA AGED ABOUT 41 YEARS RESIDING AT #NO.31/42 LALBHAGH, SIDDAPURA JAYANAGARA 1ST BLOCK J.C.COLONY BANGALORE-560011. 56. SMT.INDIRA LAKSHMINARAYANA SHETTY W/O LAKSHMINARAYANA SHETTY AGED ABOUT 66 YEARS C/O SRI.P.BALACHANDRA SHETTY RESIDING AT #2614, E BLOCK - 13 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 SAHAKARA NAGARA BANGALORE-560 092 57. SRI.N.MAHADEVA S/O.LATE NINGAIAH AGED ABOUT 59 YEARS 58. SRI.JAYAMMA W/O N.MAHADEVA AGED ABOUT 45 YEARS BOTH ARE RESIDING AT NO.1758 NISARGA LAYOUT, KOPPA GATE KALLABALU POST, JIGANI HOBLI ANEKAL TALUK BANGALORE-562106 59. DR.H.V.PRASAD S/O H.VENKATARAMAIAH AGED ABOUT 63 YEARS RESIDING AT NO.351/6 7TH MAIN ROAD, 9TH CROSS N.R.COLONY BENGALURU - 560019 60. SMT.K.R.GAYATHRI W/O DR.H.V.PRASAD AGED ABOUT 62 YEARS RESIDING AT NO.351/6, 7TH MAIN ROAD, 9TH CROSS N.R.COLONY BANGALORE-560019. 61. SRI S.RAMACHANDRAN S/O.LATE K.S.RISHI AGED ABOUT 65 YEARS PERMANENTLY RESIDING AT - 14 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 FLAT NO.9, ASTHA KUNJ SECTOR-18, ROHINI, NEW DELHI-110085 62. SMT.CHANDRA RAMACHANDRAN W/O S.RAMACHANDRAN AGED ABOUT 58 YEARS PERMANENTLY RESIDING AT FLAT NO.9, ASTHA KUNJ SECTOR-18 ROHINI, NEW DELHI-110085 63. SRI.ADVAITHA POLALI S/O P.GANAPATHI BHAT AGED ABOUT 38 YEARS RESIDING AT FLAT NO.401, III FLOOR NO.39(NN), NISARGA LAYOUT BANNERGHATTA POST BANGALORE-560083. 64. SRI.SREEKUMAR S S/O SOMANATH K AGED ABOUT 42 YEARS RESIDING AT #1014, "SREEHARI" VIII MAIN, 18TH CROSS 7TH SECTOR, H.S.R.LAYOUT BANGALORE-560 034. 65. SRI.K.VENKATESH S/O V.K.MURTHY AGED ABOUT 50 YEARS "KAIVALAM", #837, NISARGA LAYOUT JIGANI HOBLI BANNERGHATTA POST BANGALORE-560083. 66. SMT.MANBHAR TAK W/O.RAJ KUMAR TAK - 15 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 AGED ABOUT 51 YEARS RESIDIGN AT NO.9, 4TH A CROSS II FLOOR, NISARGA LAYOUT BANNERGHATTA POST, JIGANI HOBLI ANEKAL TALUK, BANGALORE-560083 67. SRI.M.PRAKASH S/O MANJUNATH M AGED ABOUT 45 YEARS RESIDING AT NO.720A III MAIN, 8TH A CROSS NEAR PANCHAVATI GUEST HOUSE NISARGA LAYOUT BANNERGHATTA POST BANGALORE-560083 68. SMT.REETU BHARADWAJ D/O MUKESH BHARADWAJ AGED ABOUT 39 YEARS RESIDING AT NO.308 PALM SPRING APARTMENTS VENKATADRI LAYOUT BANNERGHATTA ROAD BANGALORE-560076. 69. SRI.K.HARILAL PILLAI S/O LATE KUTTAN PILLAI AGED ABOUT 54 YEARS RESIDING AT #155, 6TH A CROSS VIJAYA BANK LAYOUT BANNERGHATTA ROAD BANGALORE-560076 70. SMT.GEETHA SINGH B J D/O B.S JAGANNATH SINGH AGED ABOUT 44 YEARS RESIDING AT #156/2.S, II CROSS A.V BAR & RESTAURANT - 16 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 HULIMAVU MAIN ROAD BANNERGHATTA ROAD BANGALORE-560076 71. SRI.L.NAGARAJ S/O LAGUMAIAH AGED ABOUT 44 YEARS RESIDING AT KALLUBALU VILLAGE JIGANI HOBLI ANEKAL TALUK BANGALORE 72. SRI.SANTHOSH B S/O BHADRA REDDY AGED ABOUT 34 YEARS RESIDING AT NO.20 KUMBARAHALLI VILLAGE KASABA HOBLI ANEKAL TALUK BANGALORE 73. SRI.CHIRAKKAL HARIHARA KRISHNAN S/O LATE V.HARIHARA IYER AGED ABOUT 70 YEARS 74. SMT.GEETHA KRISHNAN W/O CHIRAKKAL HARIHARA KRISHNAN AGED ABOUT 61 YEARS BOTH ARE RESIDING AT SALIGRAM NO.24, SARVABHOUMANAGAR BANNERGHATTA ROAD NEAR IIM, BANGALORE 75. SRI.CHANDRA PRAKASH SHARMA S/O.S.N.SHARMA - 17 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 AGED ABOUT 41 YEARS RESIDING AT NO.81, I FLOOR 9TH CROSS (DOWN), I MAIN VITTAL NAGAR, ISRO LAYOUT BANGALORE-560 078 76. SRI.J.V. MIRANDA S/O LATE MICHEAL MIRANDA AGED ABOUT 57 YEARS 77. SMT.GRACY MIRANDA W/O J.V.MIRANDA AGED ABOUT 52 YEARS BOTH ARE RESIDING AT "GRACE VILLA", NO.8, 2ND MAIN, 4TH A CROSS HONGASANDRA EXTENSION BEGUR ROAD BOMMANAHALLI-560068 78. SRI.YAGATHI MOHAN S/O CHANDRASHEKARAYYA AGED ABOUT 55 YEARS RESIDING AT NO.11, ESHAKRUPA II CROSS, SRINIVASA NAGARA KATHRIGUPPA MAIN ROAD BANASHANKARI III STAGE BANGALORE-560085 79. SRI.P.D.SATHYARAJ S/O.M.K.DHAMODARAN AGED ABOUT 50 YEARS RESIDING AT RAJBHAVAN NO.16, 299/1, SRINIVAS REDDY LAYOUT BEHIND CANARA BANK, BEGUR BANGALORE-560068. - 18 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 80. SMT.SHARADA VISHWANATHAN W/O S.VISHWANATHAN AGED ABOUT 55 YEARS RESIDING AT NO.43, II MAIN VYALIKAVAL BANGALORE-560003 81. SRI.RAMESH BHAT S S/O.LATE U.GOVINDA BHAT AGED ABOUT 54 YEARS 82. SMT.LATHA R.BHAT W/O RAMESH BHAT S AGED ABOUT 48 YEARS BOTH ARE RESIDING AT FLAT NO.016, BLOCK 5, SKYLINE CITY APARTMENTS CHANDRA LAYOUT BANGALORE-560072 83. SRI. S GOPALAKRISHNA SAMAGA S/O LATE U.GOVINDA BHAT AGED ABOUT 58 YEARS RESIDING AT "GOVINDA NILAYA" NEAR VASUKI SUBRAMANYA TEMPLE SAGRI, P.O.KUNJIBETTU UDUPI-576102 REPRESENTED BY HIS GPA HOLDER SRI.S.RAGHAVENDRA BHAT S/O.LATE U.GOVINDA BHAT AGED ABOUT 54 YEARS RESIDING AT #379, "SRI VASHISTA" 16TH 'A' MAIN, 4TH 'T' BLOCK JAYANAGAR BANGALORE-560041 - 19 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 84. SRI.SADASHIVA NAIK S S/O CHIKKA NAIK AGED ABOUT 40 YEARS 85. SMT.SHOBHA W/O SADASHIVA NAIK S AGED ABOUT 39 YEARS BOTH ARE RESIDING AT HOUSE NO.16 REDDY RESIDENCY JIGANI, ANEKAL TALUK BANGALORE-560 105 …PETITIONERS (BY SRI.SATISH K, ADVOCATE) AND: THE PANCHAYATH DEVELOPMENT OFFICER KALLUBALU GRAMA PANCHAYAT JIGANI HOBLI ANEKAL TALUK BANGALORE URBAN DISTRICT-560083. …RESPONDENT (BY SRI.PRADEEP M, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED FORM NO.11 'B' KATHA ISSUED IN RESPECT OF THE PROPERTY OWNED AND HELD BY THE PETITIONER NOS.3, 10, 17, 28, 36, 49, 50, 53 AND 54, 67, 73 AND 74 (SCHEDULE III PROPERTY; SCHEDULE X PROPERTY; SCHEDULE XVI PROPERTY,; SCHEDULE XXVI PROPERTY; SCHEDULE XXXIII PROPERTY, SCHEDULE XLIII - 20 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 PROPERTY; SCHEDULE XLIV PROPERTY; SCHEDULE XLVII PROPERTY; SCHEDULE LVII PROPERTY; SCHEDULE LXIV PROPERTY RESPECTIVELY MENTIONED IN W.P. VIDE ANNEX-A, A1 TO A9 RESPECTIVELY ISSUED BY THE RESPONDENT AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners, in this petition, are assailing the issuance of Form No.11 'B' katha on the ground that the actions are clearly in violation of the principles of natural justice. 2. The petitioners, by referring to the materials on record, have specifically contended that the sites in question are formed in converted land. Pursuant to the execution and registration of the respective sale deeds in favour of each of the petitioners, khatas were issued in their names in Form No.9 and Form No.11A, which pertain to what is commonly referred to as 'A-Khata'. However, the authorities, upon subsequently noticing that the layout - 21 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 formed in the disputed survey numbers was not preceded by approval from the Town Planning Authority, have now initiated action. Consequently, Form No.11B khatas have been issued in place of the earlier A-Khatas, which has aggrieved the petitioners and led to the filing of the present writ petition. 3. Heard learned counsel for the petitioners and learned counsel appearing for respondent No.1 - Gram Panchayat. 4. Learned counsel for the petitioners places strong reliance on the judgment rendered by a Co-ordinate Bench of this Court in W.P. Nos.8621-8224/2017. Drawing attention to the said decision, it is submitted that the impugned Form No.11B khatas issued in respect of the very same survey numbers and involving similarly situated adjoining sites were quashed by the Co-ordinate Bench. It is further submitted that the said judgment was carried in appeal, and the Hon’ble Division Bench, in W.A. Nos.6692 - 22 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 & 6700-6702 of 2017, c/w W.A. Nos.5632/2017 & 69- 71/2018 (LB-RES), affirmed the decision of the learned Single Judge. 5. On a careful perusal of the judgment rendered by the learned Single Judge, marked at Annexure-N, and the subsequent affirmation by the Hon’ble Division Bench, this Court is of the considered view that the controversy raised in the present petition stands substantially covered and resolved by the aforementioned decisions. In the light of the legal position already laid down, this Court deems it appropriate to extract and rely upon paragraphs 6 to 8 of the Co-ordinate Bench’s order, as the reasoning therein directly applies to the facts of the present case. The relevant excerpts are reproduced below: "6. This is little surprising for this Court that the Respondents-Public Authorities failed to take any final decision in the matter against the said Builder, despite the allegation that the said Builder failed to comply with the conditions of approval of such Layout plan in question. For the fault of the said Builder, if any, the present bona fide purchasers like the present petitioners, - 23 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 obviously cannot be punished and therefore, the khata entries in Form No.11 under Rule 9 cannot be altered by the 3rd Respondent-P.D.O., arbitrarily. 7. Admittedly, the said P.D.O., has not even served any notice giving an opportunity of hearing to the petitioners before doing so. Therefore, his action is also hit by the principles of natural justice and therefore cannot be sustained. 8. Accordingly, the present writ petitions deserves to be allowed and the same are allowed and the change of khata entries in the case of the present petitioners from Form No.11 under Rule-9 (un-amended) to Form No.11-B under amended Rule 9-A are quashed. The Respondents are directed to restore the khata entries in favour of the petitioners as earlier they stood in the name of the petitioners. 6. Upon a careful reading of the extracted portion of the judgment rendered by the learned Co-ordinate Bench, it is evident that the dispute pertained to adjacent sites located within the very same survey numbers as the present case. In those proceedings, the Co-ordinate Bench allowed the writ petitions by quashing the change in khata entries from Form No.11 issued under the unamended - 24 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 Rule 9 to Form No.11B under the amended Rule 9-A of the Karnataka Panchayat Raj (Grama Panchayat Budgeting and Accounting) Rules. The Bench categorically held that such conversion of entries was not sustainable and directed the respondent authorities to restore the khata entries in favour of the petitioners as they originally stood. This decision squarely covers the controversy at hand and supports the petitioners' claim that the subsequent issuance of Form No.11B khatas, without adherence to proper procedure and in derogation of their vested rights, is liable to be interfered with. 7. In light of the findings recorded by the Co- ordinate Bench in the aforementioned judgment, this Court is of the considered view that the petitioners herein are entitled to similar relief, on the basis of parity. The factual matrix, the nature of the properties, the procedural irregularities, and the basis for issuance of the impugned khatas being identical, there is no reason to adopt a different yardstick in the present writ petition. Moreover, - 25 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 this Court also considers it significant to note the observations made by the Hon’ble Division Bench while affirming the order of the learned Single Judge and dismissing the appeal filed by the State authorities. The Division Bench, while upholding the reasoning adopted by the learned Single Judge, made pertinent observations with regard to the legality of the action taken by the authorities. Paragraphs 12 to 15 of the said judgment are particularly relevant and are therefore extracted below for ready reference: 12. It is not in dispute that the khatha entries relating to the properties of the private respondents got changed by the unilateral decision of the respondent No.3 and Form No.11-B were issued sans providing an opportunity of hearing to the affected parties. Unless there is a reasonable opportunity of hearing provided, any tinkering of civil rights accrued to the parties, adversely resulting in evil consequences cannot be approved. Infraction of this fundamental principles of law goes to the root of the matter making such a decision and the proceedings thereof, non-est in the eye of law. It is imperative that the PDO adheres to the principles of natural justice. Though the learned counsel argued that, as per the directions issued by the Government of - 26 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 Karnataka on 10.10.2018 relied upon by the learned counsel appearing for the private respondents, as onetime measure and exception was granted for single site approved plan not for the bulk allotment as in the present case, these factual aspects cannot be adjudicated in the writ petition proceedings. Such a decision has to be taken only after holding an enquiry and not by unilateral decision. 13. In the circumstances, though we are not persuaded to consider interference in the order passed by the learned Single Judge to the extent of setting aside the impugned khatha entries relating to the properties of the private respondents herein but deem it proper to extend an opportunity to the competent authority to take a final decision in the matter after holding an enquiry as regards the alleged irregularity of the sites owned by the private respondents qua non releasing of 40% of sites by the BMRDA and non- compliance of conditions of approval of layout plan by the developer. 14. Considering the totality of circumstances, we do not find any personal malafide on the part of the PDO is concerned. It appears appropriate to make it clear that the observations in the impugned order and in this judgment as regards the action taken by him shall be considered advisory. However, as the amount of Rs.20,000/- has already been deposited by the PDO, we deem it appropriate to order that the same shall be transferred to the Chief Minister’s Relief Fund. - 27 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 15. Subject to the aforesaid observations, Writ Appeals stand disposed of, confirming the order of the learned Single Judge as far as quashing of the khatha entries of the private respondents made in Form No.11-B under the amended Rule 9-A and directing the respondents to restore the khatha entries in favour of the petitioners. However, an opportunity is provided to the appellants/competent authority to hold an enquiry and take a final decision in the matter after providing an opportunity of hearing to the private respondents, in accordance with law." 8. A closer scrutiny of paragraphs 12 to 15 of the judgment rendered by the Hon’ble Division Bench reveals that while affirming the judgment of the learned Co-ordinate Bench, the Division Bench has expressly reserved liberty to the Authorities to initiate an appropriate enquiry and take a final decision in the matter. However, such an exercise has been made conditional upon the Authorities strictly adhering to the principles of natural justice, which includes affording due opportunity to all affected site owners. The Division Bench has not foreclosed or extinguished the power of the statutory authorities to conduct a lawful enquiry, but has cautioned - 28 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 that such action must conform to procedural fairness and statutory requirements. 9. In view of the authoritative pronouncements of both the learned Co-ordinate Bench and the Hon’ble Division Bench, this Court is of the considered view that the petitioners herein stand on identical footing and are, therefore, entitled to similar relief as a matter of parity. The facts, the legal questions involved, and the impugned action taken by the Authorities are materially similar. Accordingly, following the binding precedent and in order to maintain consistency in judicial approach, the petitioners are entitled to succeed. 10. For the foregoing reasons and in light of the settled legal position, this Court proceeds to pass the following: ORDER (i) The writ petition stands allowed. - 29 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 (ii) The impugned khata entries issued in Form No.11B to petitioner Nos.3, 10, 17, 28, 36, 49, 50, 53, 54, 67, 73, and 74, pertaining to the properties described in Schedule Nos.III, X, XVI, XXVI, XXXIII, XLIII, XLIV, XLVII, LVII, and LXIV, as evidenced under Annexures–A, A1 to A9, are hereby quashed and set aside. (iii) The respondent–Authority is directed to restore the khata entries in favour of the respective petitioners, as they originally stood prior to the issuance of Form No.11B. (iv) It is, however, made explicitly clear that the present restoration of khata entries shall be subject to any enquiry that the Authorities may choose to initiate, provided such enquiry is undertaken strictly in accordance with law and in consonance with the principles of natural justice, including issuance of notice and affording of an opportunity of hearing to all affected parties. (v) The Authorities shall also keep in mind the observations made by the Hon’ble Division Bench in paragraph 15 of its judgment, and - 30 - HC-KAR NC: 2025:KHC:27748 WP No. 46020 of 2017 shall ensure that any further action is in due compliance with the same. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 2