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2026 DAILYLAW 14154 (KAR)

MRS THIRTHAMMA v. THE STATE OF KARNATAKA

WP/5117/2022 · 2026-03-11

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14531 WP No. 5117 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5117 OF 2022 (LB-RES) BETWEEN: 1. MRS. THIRTHAMMA W/O MR. P.G.SHIVANAGOWDA AGED ABOUT 68 YEARS R/AT BASAVESHVARA BADAVANE CHILURU VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 233. …PETITIONER (BY SRI. PRAKASH K.A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. 2. THE SECRETARY CHILURU GRAMA PANCHAYATH CHILURU VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 230. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14531 WP No. 5117 of 2022 3. THE PANCHAYATH DEVELOPMENT OFFICER CHILURU GRAMA PANCHAYATH CHILURU VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 230. 4. THE EXECUTIVE OFFICER TALUK PANCHAYATH HONNALI TALUK DAVANAGERE DISTRICT-577 230. …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1; SRI.N.R.JAGADEESWARA, ADVOCATE FOR R2 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE ORDER DATED 21.02.2019 PASSED BY RESPONDENT NO4 HEREIN (ANNEXURE-G) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:14531 WP No. 5117 of 2022 ORAL ORDER The petitioner is aggrieved by the order passed by respondent no.4 in not giving her the khata in respect of the land which is the subject matter of the writ petition. 2. The case of the petitioner is the land which is the subject matter of the writ petition belongs to her. 3. However, respondent no.4-Taluk Panchayath, disputes the said averment and the impugned order has been passed on the ground that the property belongs to Taluk Panchayath. 4. There is a disputed question of fact as to whether the property belongs to the petitioner or respondent no.4 and no documents are produced by the petitioner to show that the property belongs to her in the instant petition. Further, when there is a disputed question of fact, this Court cannot entertain a writ petition under Article 226 of the Constitution of India. 5. Hence, the following: - 4 - HC-KAR NC: 2026:KHC:14531 WP No. 5117 of 2022 ORDER The writ petition is hereby dismissed, reserving liberty to the petitioner to approach the appropriate forum in accordance with law, if she is so advised. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 58