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2026 DAILYLAW 16659 (KAR)

SMT. MANJULA v. THE CHIEF EXECUTIVE OFFICER

WA/14/2026 · 2026-02-27

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12283-DB WA No. 14 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 14 OF 2026 (LB-RES) BETWEEN: SMT. MANJULA W/O SUBBAREDDY AGED ABOUT 43 YEARS, R/AT BYAPPANAHALLI VILLAGE DODDA PYLAYAGURKI VILLAGE, GRAM PANCHAYAT CHIKKABALLAPURA CHIKKABALLAPURA DIST-562101 …APPELLANT (BY SRI. HANUMANTHAPPA HARAVI GOWDAR., ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYAT CHIKKABALLAPUR-562101 2. SRI.M.RAMAMURTHY S/O VENKATACHALAPATHI AGED ABOUT 53 YEARS, R/AT BYAPPANAHALLI, YALAGERE POST CHIKKABALLAPURA TALUK-562101. 3. THE PANCHAYAT DEVELOPMENT OFFICER DODDA PYLAYAGURKI VILLAGE GRAMA PANCHAYATH CHIKKABALLAPURA TALUK Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12283-DB WA No. 14 of 2026 CHIKKABALLAPURA DISTRICT-562101 …RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04.06.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 54259/2017. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Heard learned counsel appearing for the appellant Sri Hanumanthappa Haravi Gowdar's quite engaging arguments for some time. 2. The present intra Court appeal has been filed impugning the judgment and order dated 04.06.2025 passed by the learned Single Judge in Writ Petition No.54259/2017 (LB-RES) filed by the appellant impugning the order dated 21.06.2017 passed by the Court of Executive Officer, Taluka Panchayat, Chikkaballapura, in - 3 - HC-KAR NC: 2026:KHC:12283-DB WA No. 14 of 2026 exercise of powers conferred under Section 269 of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as 'the 1993 Act'), whereby the resolution passed by the Dodda Pylayagurki Grama Panchayath was set aside. 3. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 4. The petitioner challenged the said order dated 21.06.2017 passed by the Appellate Authority before the writ Court on the ground that she had title over the property measuring 15 feet East to West and 20 feet North to South, and the property formed part and parcel of gramatana portion situated at Byappanahalli Village, Dodda Pylayagurki Village, Gram Panchayat, Chikkaballapura District. 5. It is not in dispute that the Panchayat had passed the resolution transferring the land of the public property vested in it, without adhering to the procedure - 4 - HC-KAR NC: 2026:KHC:12283-DB WA No. 14 of 2026 contemplated under Sections 209 and 210 of the 1993 Act, inasmuch as the Panchayat did not obtain prior sanction from the Government, Zilla Panchayat, or the Taluk Panchayat, as the case may be. 6. The learned Single Judge, after analysing the provisions of the 1993 Act, has held that the mandatory requirement of prior sanction under Sections 209 and 210 of the 1993 Act, was absent in the resolution passed by the Grama Panchayat alienating the public property in favour of the petitioner and therefore, dismissed the writ petition. 7. We find no error in the impugned judgment and order dated 04.06.2025, which requires an interference by this Court in exercise of the appellate jurisdiction and therefore, we dismiss this writ appeal. No order as to costs. - 5 - HC-KAR NC: 2026:KHC:12283-DB WA No. 14 of 2026 8. In view of dismissal of the appeal, pending interim applications, if any do not survive for consideration, hence disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG CT: SN List No.: 2 Sl No.: 10