- 1 - HC-KAR NC: 2025:KHC:31866 WP No. 26818 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.26818 OF 2024 (KLR-RES) BETWEEN: 1. SMT. ROOPALATHA RAO W/O RAMACHANDRA RAO, AGED ABOUT 55 YEARS, R/AT NO.77/8, 2ND MAIN ROAD, VAYALIKAVAL, BENGALURU-560003. …PETITIONER (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, DR B.R.AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL-562110. 3. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE, BENGALURU RURAL DISTRICT-560067. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31866 WP No. 26818 of 2024 4. ODIYOOR SHRI VIVIDHODDESSHA SOWHARDA SAHAKARI LTD REGIONAL OFFICE AT BHAGAVATHI OFFICE, INFRONT OF KAPITHANIYO SCHOOL, PAMPVEL, MANGALURU-575002, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. SESHU V., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 27.08.2024 FILE NO.THHSK-RRTORRTK/180/2024 (ANNEXURE-A) AND CONSEQUENTLY DIRECT THE R-3 TO TAKE NECESSARY ACTION FOR REMOVAL OF ENTRY MADE IN THE COLUMN 11 OF RTCs IN RESPECT OF PROPERTY IN SY.NO.114/4 AND 114/6 OF MALLASANDRA VILLAGE, KASABA HOBLI, HOSAKOTE TALUK BELONGS TO THE PETITIONER WHICH IS MORE FULLY DESCRIBED IN SCHEDULE. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER 1. Learned HCPG takes notice for respondent Nos.1 to 3. Notice to respondent No.4 is not necessary for the following reasons. 2. The petitioner is aggrieved of the endorsement made in Form No.11 stating that the property in Sy.No.114/6 measuring 26 guntas belonging to the - 3 - HC-KAR NC: 2025:KHC:31866 WP No. 26818 of 2024 petitioner herein is mortgaged to the 4th respondent – Society. Pursuant to orders passed in W.P.No.1552/2023, which was the petition filed by the legal heirs of late B.Srinivasmurthy, the borrower, this Court set-aside the award as a nullity since it was passed against the dead persons, the petitioner approached the revenue authorities to remove the endorsement made in column No.11. Pursuant to the application filed by the petitioner, the Tahasildar, Hoskote Taluk has issued the impugned endorsement at Annexure-A dated 27.08.2024 declining to remove the endorsement. 3. Learned HCGP submits that at Annexure – F is the order passed by the Assistant Registrar of the Co- operative Societies creating a charge over the property belonging to the petitioner. Learned HCGP therefore submits that so long as the charge created on the property in question remains, the endorsement will also remains. 4. There is a substance in the submission made by the learned HCPG. - 4 - HC-KAR NC: 2025:KHC:31866 WP No. 26818 of 2024 5. It is for the petitioner to have raised a challenge to the order passed by the competent Authority at Annexure-F. So long as the order creating charge over the property remains, the endorsement in the RTC will also remain. 6. Accordingly the writ petition is disposed of reserving the liberty to the petitioner to raise a challenge to the order passed at Annexure-F. Ordered accordingly. Sd/- (R DEVDAS) JUDGE RHS List No.: 1 Sl No.: 10