Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010277712022 NC: 2026:KHC:47318 WP No. 12388 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 12388 OF 2022 (GM-KLA)
BETWEEN:
MUNMUN GHOSH W/O SUBRATA GHOSH AGED ABOUT 44 YEARS PRESENTLY R/AT NO.A22, PATTERNS GOOD EARTH MALHAR KAMBIPURA MYSORE ROAD, KENGERI BEHIND RAJA RAJESHWARI MEDICAL COLLEGE BENGALURU, KAMBIPURA, KUMBALAGODU, KARNATAKA-560074 …PETITIONER (BY SRI. SHARATH S GOWDA.,ADVOCATE) AND:
1.
KARNATAKA LOKAYUKTA M S BUILDING DR B R AMBEDKAR ROAD BENGALURU-560001 REPRESENTED BY ITS REGISTRAR
2.
DEPUTY REGISTRAR OF ENQUIRY ENQUIRY-5 KARNATAKA LOKAYUKTA M S BUILDING DR B R AMBEDKAR ROAD BENGALURU-560001
3.
MANCHANAYAKANAHALLI GRAM PANCHAYAT
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010277712022 NC: 2026:KHC:47318 WP No. 12388 of 2022
BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562109 REPRESENTED BY ITS SECRETARY
4.
PANCHAYATH DEVELOPMENT OFFICER MANCHANAYAKANAHALLI GRAM PANCHAYAT BIDADI HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT-562109
5.
DR A R RAGHU S/O LATE A N RADHAKRISHNA AGED ABOUT 50 YEARS R/AT NO.291, NEW VALLEY FLATS MANIPAL-570004
6.
A R RAVI S/O LATE A N RADHAKRISHNA AGED ABOUT 47 YEARS R/AT NO.275, RAMAIYENGAR ROAD, V V PURAM BENGALURU-560004 …RESPONDENTS
(BY SRI. VENKATESH S ARBATTI.,ADVOCATE FOR R1 AND R2;
SRI G.K.SHIVAPRAKASH - ADVOCATE FOR R5 AND R6 R3 AND R4 SERVED, UNREPRESENTED.)
THIS WRIT PETITION IS FILED PRAYING TO QUASH THE NOTICE/ORDER DATED 25.04.2022 PASSED BY THE R2 IN COMPLAINT /UPALOKAYUKTHA /BD /2288 /2020 /DRE-5 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR
CNR: KAHC010277712022 NC: 2026:KHC:47318 WP No. 12388 of 2022
ORAL ORDER Petitioner is before this Court being aggrieved by the Notice dated 25.04.2022 issued by the Respondent- Lokayuktha directing the Panchayath Development Officer- Respondent No.4 to register E-Khata in favour of the Complainants therein viz., respondents No.5 and 6 herein in respect of Site No.29 and to submit the compliance report thereof.
2. The petitioner taking this Court through the records submits that, there are two suits viz., OS No.348 of 2018 as well as OS No.564 of 2019 pending consideration on the file of Principal Senior Civil Judge, Ramanagaram. The said suits have been filed by respondents No.5 and 6 against the petitioner seeking substantive relief in the nature of declaration and permanent injunction in respect of the very same sites, in respect of which the Impugned Notice has been issued.
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HC-KAR
CNR: KAHC010277712022 NC: 2026:KHC:47318 WP No. 12388 of 2022
3. He submitted that though Annexure-A is titled as Notice, the tenor of the said document indicates that a specific direction has been issued to effect E-khata. Such a direction cannot be issued firstly, without notice of the petitioner and secondly, when the suits are pending
consideration. Therefore the petition.
4. Learned counsel appearing for the respondent- Lokayuktha submits that, the document at Annexure-A is merely a Notice issued upon the information furnished by respondent No.4 regarding respondent No.5 herein possessing the original deeds of sale. He submits that the fact of pendency of the suits has not been brought to the notice of the Lokayuktha. It is under these circumstances, Notice has been issued and that, no prejudice would be caused to the petitioner.
5. Learned counsel for respondents No.5 and 6, on the other hand, submits that the petitioner has categorically admitted the right, title and possession of the petitioner.
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HC-KAR
CNR: KAHC010277712022 NC: 2026:KHC:47318 WP No. 12388 of 2022
Therefore, the impugned Notice would not cause any prejudice to the petitioner.
6. The submission made by the counsel for respondents No.5 and 6 have been stoutly denied by the counsel for the petitioner.
7. Be that as it is. There is no dispute that, two suits in OS No.348/2018 as well as suit in OS No.564/2019 filed by respondent No.5 against the petitioner and others in respect of the very same property are pending
consideration. It is submitted that trial has commenced in the said suits.
8. The document at Annexure-A, though is titled as Notice, perusal of the same would indicate that a direction has been issued by the respondent-Lokayuktha to effect E-katha in favour of the Complainants therein in respect of Site No.29, which is the subject matter of the suits. No
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HC-KAR
CNR: KAHC010277712022 NC: 2026:KHC:47318 WP No. 12388 of 2022
such direction could have been issued until determination of dispute between the parties.
9. Accordingly, the following order is passed :
ORDER i) Writ petition is allowed; ii) The Notice dated 25.04.2022 issued by Respondent No.2 (Annexure-A) is quashed; iii) Needless to state, registration of khata if any, would be subject to the outcome of the suit. Writ petition is
disposed of with the aforesaid observation.
Sd/- (M.G.S. KAMAL) JUDGE
rs List No.: 1 Sl No.: 23