Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27905 WP No. 16592 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16592 OF 2026 (LB-RES)
BETWEEN:
SRI. N KESHAVAPPA S/O LATE NANJAPPA AGED ABOUT 47 YEARS, R/A DOMMATHAMARI VILLAGE, KASABA HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT-561202. …PETITIONER (BY SRI. ANANDEESWARA D R., ADVOCATE) AND:
1.
THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF GRAM SWARAJ AND PANCHAYAT RAJ ACT, VIKASA SOUDHA, BANGALORE.
2.
THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, TUMAKURU DISTRICT, TUMAKRURU 561202.
3.
THE EXECUTIVE OFFICER TRALUK PANCHAYAT
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:27905 WP No. 16592 of 2026
PAVAGADA TALUK, PAVAGADA.
4.
THE PANCHAYAT DEVELOPMENT OFFICER, DOMMATHAMARI GRAM PANCHAYAT, PAVAGADA TALUK, TUMAKURU DISTRICT-561202.
5.
SMT. SHAHEENABEE W/O BARAN SAB AGED ABOUT 37 YEARS R/A DOMMATHAMERI VILLAGE, KASABA HOBLI, PAVAGADA TALUK. …RESPONDENTS (BY SRI.BOPANNA BELLIAPPA., AGA FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO. ISSUE WRIT IN THE NATURE OF WRIT OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE IMPUGNED RESOLUTION NO.KAA.NI.AA.TAA. PANCH.PA VA DA 3/1/13-14 DATED 16/12/2013 AT ANNEXURE-A PASSED BY THE 4TH RESPONDENT; B. ISSUE WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 4TH RESPONDENT TO RESTORE THE KHATHA IN THE NAME OF THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2026:KHC:27905 WP No. 16592 of 2026
ORAL ORDER
The petitioner has called in question the fourth respondent's decision as per Annexure-A. The fourth respondent's decision is to cancel all the revenue entries permitted by its Secretary based on possession saving those revenue entries which are based on succession and registered Gift Deeds. Sri Anandeeswar D R, the learned counsel for the petitioner, is heard, as is Sri Bopanna Belliappa, a learned Additional Government Advocate, who is called upon to accept notice for the first respondent. The petitioner asserts that he is given the benefit of the revenue entries based on a Sale Agreement and that his vendor has filed a suit in O.S. No.263/2019 on the file of the Principal Civil Judge and JMFC, Pavagada, which is pending
consideration. Sri Anandeeswar D R submits that the revenue entries are based not just on the Sale Agreement but also on possession.
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HC-KAR NC: 2026:KHC:27905 WP No. 16592 of 2026
However, this Court must observe that the revenue entries must be incidental to title which in the least is apparent and that no exception can be taken with the subject resolution when there is a dispute over title which is pending consideration in the civil Court. Therefore, without prejudice to the petitioner to defend the suit for vindication of his interest including possession of the subject property in the pending suit, the petition stands disposed of observing that the petitioner will be entitled to seek restoration of the revenue entries subject to outcome in the pending suit.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-