- 1 - HC-KAR NC: 2026:KHC:33188 WP No. 17541 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17541 OF 2026 (LB-RES) BETWEEN: 1. SRI H C RAMAKRISHNA AGED ABOUT 60 YEARS, S/O. LATE CHANNAIAH, 2. SMT. SUJATHA AGED ABOUT 50 YEARS, W/O. SRI. H.C. RAMAKRISHNA, BOTH RESIDENTS OF HALAGURU GRAMA, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT,. PINCODE - 572111. …PETITIONERS (BY SRI. DARSHAN GOWDA L K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA DR.B.R. AMBEDKAR VEDHI, BENGALORE – 560001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33188 WP No. 17541 of 2026 2. EXECUTIVE OFFICER, SEMI JUDICIAL COURT TALUK PANCHAYAT KUNIGAL TALUK, TUMKUR DISTRICT. PINCODE-572111. 3. SMT. SAKAMMA AGED MAJOR, W/O. SRI.SRINIVAS, RESIDING AT HALAGURU GRAMA, AMRUTHURU HOBLI, KUNIGAL TALUK TUMKUR DISTRICT, PINCODE-572111. 4. SMT. HEMAVATHI.R. T AGED MAJOR, W/O. SRI. CHANDRASHEKAR.H.C, RESIDING AT HALAGURU GRAMA, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT, PINCODE-572111. 5. PANCHAYAT DEVELOPMENT OFFICER K.HONNAMACHANAHALLI GRAM PANCHAYAT AMRITHUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT. PINCODE-572111. 6. THE TAHSILDAR AMRUTUR HOBLI, K KUNIGAL TALUK, TUMKUR DISTRICT, PINCODE-572111. …RESPONDENTS (BY SRI.KENCHEGOWDA., AGA FOR R1) - 3 - HC-KAR NC: 2026:KHC:33188 WP No. 17541 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE ORDER DATED 03.02.2026 (ANNEXURE-A), PASSED IN V.P.C. APPEAL CASE NO. 45/2023-24 BY THE RESPONDENT NO.2 HEREIN NAMELY EXECUTIVE OFFICER, SEMI JUDICIAL COURT TALUK PANCHAYAT, KUNIGAL TALUK, TUMKUR DISTRICT; II) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 HEREIN NAMELY PANCHAYAT DEVELOPMENT OFFICER K. HONNAMACHANAHALLI GRAM PANCHAYAT AMRITHUR HOBLI, KUNIGAL TALUK TUMKUR DISTRICT BE TO RECONSIDER THE REPRESENTATION MADE BY THE PETITIONERS AND CONSEQUENTLY PASS NECESSARY DATED 07.06.2021 (ANNEXURE-Q) ORDER/S IN RELEVANCE TO THE SUBJECT MATTER HEREIN UPON CONSIDERING THE MATERIAL FACTS OF THE SUBJECT MATTER HEREIN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:33188 WP No. 17541 of 2026 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners' grievance is with the dismissal of their appeal in V.P.C Appeal No. 45/2023-24/2314 with the second respondent under Section 269 of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 [for short, the Act’]. The petitioners have filed this appeal against the transfer of revenue entries for certain properties in favour of the third and the fourth respondents. 2. Sri Darshan Gowda L.K., the learned counsel for the petitioners, submits that the second respondent has rejected the appeal overlooking the fact that the third and fourth respondents do not have the benefit of a Sale Deed or any other conveyance which could confer them with the title and interest in the respective properties. However, the learned counsel does not dispute that the first petitioner and his father had executed an Agreement - 5 - HC-KAR NC: 2026:KHC:33188 WP No. 17541 of 2026 of Sale in the year 1996 in favour of Sri Seetharamaiah under whom both the third and the fourth respondents assert possession. 3. The revenue entries have been mutated in favour of the third and fourth respondents years back and the grievance is presented for the first time in the appeal to assert questions such as whether a sale agreement can create an interest in the third and fourth respondents to claim the benefit of revenue entries. This aspect as also whether the third and fourth respondents can assert any other claim will have to be examined in a properly instituted proceeding before the competent first Court of original civil jurisdiction. 4. This Court is of the opinion that these issues cannot be gone into in the proceedings under Section 269 of the Act, or while examining the merits of the order in such proceedings under Article 226 of the Constitution of India. The petition must therefore - 6 - HC-KAR NC: 2026:KHC:33188 WP No. 17541 of 2026 be disposed of with liberty to the petitioners to avail the remedy with the competent first Court of original civil jurisdiction. At this stage, Sri Darshan Gowda L.K. submits that the third and the fourth respondents are acting in haste and this is seen with them being given the benefit of a building license a day after the impugned order in the appeal. 5. It would suffice for this Court to observe that this would also be part of the cause that the petitioners could set up in the suit and this cannot be a reason for interference by this Court. Hence, the petition stands disposed of without prejudice to the petitioners to avail their remedy as aforesaid. Sd/- (B M SHYAM PRASAD) JUDGE SA Ct:sr