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2026 DAILYLAW 12573 (KAR)

SMT. K LAKSHMIDEVI v. THE CHIEF OFFICER

WP/28380/2024 · 2026-02-11

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8647 WP No. 28380 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28380 OF 2024 (LB-RES) BETWEEN: SMT. K LAKSHMIDEVI W/O M.R SAMPANGIRAMAIAH AGED ABOUT 62 YEARS R/AT H.NO. 115, 3RD STAGE 4 TH BLOCK, BASAVESHWARANAGAR BENGALURU - 560 079 …PETITIONER (BY SMT. VAKKUND SONATAI GANAPATRAO., ADVOCATE) AND: 1. THE CHIEF OFFICER BHOGHADI PATTANA PANCHAYATH BHOGHADI GADDIGE ROAD TALUK AND DISTRICT MYSURU-570 026 2. THE PANCHAYAT DEVELOPMENT OFFICER MURTIKYATHANAHALLY PANCHAYAT GADDIGE ROAD, MYSURU-570 026 3. ASSISTANT DIRECTOR TOWN AND COUNTRY PLANNING AUTHORITY MUDA COMPLEX (COMMERCIAL COMPLEX OF CITY DEVELOPMENT), I BLOCK RAMAKRISHNA NAGAR MYSURU-570 022 …RESPONDENTS (BY SRI. NAGARAJA S., ADVOCATE FOR R1 AND R2; SRI.BOPPANNA BELLIYAPPA, AGA FOR R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8647 WP No. 28380 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO EXECUTE A DEED CANCELLATION OF RELINQUISHMENT DEED DTD 16.12.2020 VIDE ANNEXURE-C IN THE FAVOUR OF PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: “1. Issue a writ direction or order in the nature of mandamus directing the Respondents to execute a deed cancellation of relinquishment deed dated 16-12-2020 vide Annexure-C in the favor of Petitioner. 2. Issue any other writ direction or order which deems fit under the circumstances of the case.” 2. The land bearing Sy.No.8/2 measuring 1 acre 11 guntas of Jattihundi Village, Ilawala, Hobli Taluk and District Mysore originally belonged to Sri Venkataramane Gowda, who had converted the same for residential use. He sold 10 guntas of land to - 3 - HC-KAR NC: 2026:KHC:8647 WP No. 28380 of 2024 one Smt. Parameswari and the remaining land of 1 acre and 1 guntas in favour of Sri. K. Govindaraju. 3. The said K. Govindaraju is the brother of the petitioner, who is ailing from several diseases, having remained unmarried. The said property was gifted to the petitioner under a registered gift deed dated 25.02.2019. The petitioner, in order to develop the land, had approached respondent No.3 to issue a single window plan, which was so issued on 04.11.2020 requiring the petitioner to relinquish a portion of the property measuring 1933.52 Sq. Mtrs. in favour of respondent No.2. Thereafter, the petitioner could not implement the said plan due to various family problems, and it is in that background that the petitioner had approached respondent No.2 to cancel the plan sanction as also the relinquishment. The said request not having been considered, the petitioner is before this Court seeking for the aforesaid reliefs. - 4 - HC-KAR NC: 2026:KHC:8647 WP No. 28380 of 2024 4. The aspect of relinquishment would arise only as regards the plan which is sanctioned. Now that the plan has not been implemented and the petitioner does not intend to implement the plan, the relinquishment cannot continue to be in force to the detriment of the petitioner. 5. In that view of the matter, I am of the opinion that the reliefs which have been sought for by the petitioner are required to be allowed, and as such, I pass the following: ORDER. i) Writ petition is allowed ii) Mandamus is issued directing respondents to execute a deed of cancellation of relinquishment deed dated 16.12.2020 in terms of Annexure-C and pass necessary orders within 30 days from the date of receipt of a certified copy of this order after examining whether the plan has been implemented or not, - 5 - HC-KAR NC: 2026:KHC:8647 WP No. 28380 of 2024 on receipt of a cancelled plan from the appropriate Authority and also verify if there is any sale which has happened in respect to the property pursuant to the plan sanction as also any other aspect relevant thereto. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 31