- 1 - HC-KAR NC: 2026:KHC:9499 WP No. 43293 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 43293 OF 2019 (LB-RES) BETWEEN: 1. SMT KANTHAMMA W/O VENKATESHAPPA AGED ABOUT 39 YEARS CHIKKAKUNTHUR VILLAGE MALUR TALUK KOLAR DISTRICT-563137. …PETITIONER (BY SRI. NEERAJA KARANTH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPSRESENTED BY THE SECRETARY DEPLAWRTMENT OF PANCHAYATH RAJ M.S. BUILDING DR. AMBEDKAR VEEDHI, BANGALORE 560 001. 2. THE EXECUTIVE OFFICER TALUK PANCHAYATH MALUR TALUK, KOLAR DISTRICT-563137. 3. THE PANCHAYATH DEVELOPMENT OFFICER CHIKKAKUNTHUR GRAM PANCHAYATH MALUR TALUK, KOLAR DISTRICT-563137. 4. SMT. RATHNAMMA W/O MUNIRAJU AGED MAJOR CHIKKAKUNTHUR VILLAGE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9499 WP No. 43293 of 2019 MALUR TALUK, KOLAR DISTRICT-563137. …RESPONDENTS (BY SMT.CHANDINI SINGH., HCGP FOR R1; SRI.M.NARAYANA REDDY., ADVOCATE FOR R2 AND R3; SRI.RAMESH KUMAR R.V., ADVOCATE FOR R4;) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 08.08.2019 IN APPEAL BEARING NO.TAPAM.MA.GPA.NO.33/2018-19 PASSED BY THE RESPONDENT NO.2 HEREIN CANCELLING THE KHATA NO.384 STANDING IN THE NAME OF PETITIONER AND RESULTANTLY THE GRANT OF SITE ITSELF, FILED AS ANNEXURE-A TO THE WRIT PETITION AND QUASH THE RESOLUTION PASSED BY THE ESPONDENT NO.3/GRAM PANCHAYATH DATED 30.10.2018 AT SL.NO.7 CANCELLING THE KHATA NO.384 STANDING IN THE NAME OF PETITIONER HEREIN, FILED AS ANNEXURE-B AND, FOR SUCH OTHER WRIT OR ORDER ON THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. 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. Petitioner is before this Court seeking for the following relief: WHEREFORE, Petitioner prays that this Hon'ble Court be pleased to issue a Writ of Certiorari quashing the order dated 08.08.2019 in Appeal bearing No.TaPam.Ma.GPA.No.33/2018-19 passed by the respondent No.2 herein cancelling the khata No.384 standing in the name of petitioner and resultantly the grant of site itself, filed as annexure-a to the writ petition and quash the resolution passed by the Respondent no.3/gram panchayath dated 30.10.2018 at sl.no.7 canceling the khata No.384 standing in the name of petitioner herein, filed as annexure-B and, for such other - 3 - HC-KAR NC: 2026:KHC:9499 WP No. 43293 of 2019 writ or order on the facts and circumstances of the case, in the interest of justice and equity. 2. The only grievance of the petitioner was that the petitioner had not been served notice prior to passing of the impugned order dated 08.08.2019 at Annexure-A inasmuch as the notice was served on the petitioner on 10.08.2019 after the order was passed. It is in that background, the respondents were called upon to obtain instructions and make their submission as to whether any other notice had been issued and served on the petitioner prior to that date. 3. A memo has been filed on 13.02.2026 enclosing the notices which had been dispatched, but the same does not indicate as to when the notice was dispatched and/or when it was served on the petitioner. Thus, in terms of the postal track record, it is clear that the notice if at all had been served on the petitioner on 10.08.2019 after the impugned order dated 08.08.2019 had been passed, which cannot be countenanced in law. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2026:KHC:9499 WP No. 43293 of 2019 ORDER i) Writ petition is allowed. ii) A certiorari is issued, the order dated 08.08.2019 passed by respondent No.2 at Annexure-A is set aside. iii) The matter is remitted to respondent No.2 for fresh consideration. iv) The petitioner and respondent No.4 shall appear before respondent No.2 without requirement of any fresh notice on 10.03.2026. v) The petitioner and respondent No.4 are permitted to file such statement and/or documents that each of them wishes to rely upon in support of their respective cases which would be considered by respondent No.2 and orders passed in accordance with law as expeditiously as possible. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 39