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2026 DAILYLAW 14518 (KAR)

THE PANCHAYATH DEVELOPMENT OFFICER v. SMT. RATHNA

WA/1441/2024 · 2026-03-16

D K Singh, T M Nadaf

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15499-DB WA No. 1441 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1441 OF 2024 (LB-RES) BETWEEN: 1. THE PANCHAYATH DEVELOPMENT OFFICER 20TH PERDUR GRAMA PANCHAYATH POST PERDUR, UDUPI-576124 BY PDO SUMANA .K D/O LATE B. SANJEEVA RAO AGED ABOUT 52 YEARS R/AT SUBHAS NIVAS, PADUBIDRI POST PADUBIDRI, KAPU TALUK, UDUPI-574111 …APPELLANT (BY SRI PRASAD HEGDE K B, ADVOCATE) AND: 1. SMT. RATHNA D/O GULABI BHANDARTHY AGED ABOUT 74 YEARS RESIDING AT NO.6/22 BHANDARI BETTU PERDOOR MELPETE PERDOOR UDUPI DISTRICT-576124 …RESPONDENT (BY SRI K CHANDRANATH ARIGA, ADVOCATE) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15499-DB WA No. 1441 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER IN W.P.NO.19967/2024 (LB) DATED 26.07.2024 PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra Court appeal has been filed challenging the order dated 26.07.2024 passed by the learned Single Judge in W.P.No.19967/2024. 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. The petitioner-Smt. Rathna (respondent herein) claims to be the owner of the property bearing Survey No.127/19 situated in Perdoor Village, Udupi District. The Grama Panchayat has issued khata in the name of the petitioner in respect of the aforesaid land. It appears that the petitioner wants to sell some portion of this land in favour of Sri Prajan - 3 - HC-KAR NC: 2026:KHC:15499-DB WA No. 1441 of 2024 Hegde. However, the Panchayat is not issuing separate khata for the portion of the land which she wants to sell in favour of Sri Prajan Hegde. Therefore, the petitioner-Smt. Rathna filed W.P.No.19967/2024 and the said Sri Prajan Hegde also filed W.P.No.24856/2023. Both the writ petitions came to be disposed of by the impugned common judgment and order directing the Grama Panchayat, the appellant herein, to issue khata in favour of Smt. Rathna insofar as her property is concerned, only to enable her to sell the property to Sri Prajan Hegde. 4. Learned counsel for the appellant-Panchayat submits that khata has already been issued for the entire property and if the respondent-Smt. Rathna wants to sell a portion of the property, she can sell it on the basis of the sale deed to be executed by her in favour of Sri Prajan Hegde. He further submits that separate khata will be issued in the name of Mr. Prajan Hegde once the sale deed is registered in his name to the extent of land sold by the respondent-Smt. Rathna in favour of Mr. Prajan Hegde. - 4 - HC-KAR NC: 2026:KHC:15499-DB WA No. 1441 of 2024 5. Considering the said fact, we dispose of this writ appeal with a direction to the appellant-Panchayat to issue separate khata in the name of Sri Prajan Hegde once the sale deed is registered in his favour to the extent of land sold by the respondent-Smt. Rathna. In view of disposal of the writ appeal, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE BKV List No.: 1 Sl No.: 25