Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 49248 (KAR)

SMT RASHMI v. CHIEF EXECUTIVE OFFICER

WP/20862/2025 · 2026-02-02

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:5841 WP No. 20862 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20862 OF 2025 (LB-RES) BETWEEN: SMT. RASHMI W/O LATE HARSHA N.M, AGED ABOUT 47 YEARS, RESIDING AT NO.802(A), HOSAMANE EXTENSION, AGRAHARA ROAD, CHIKKAMAGALURU - 577 101 …PETITIONER (BY SMT. ANUSHA ASUNDI, ADVOCATE) AND: 1. CHIEF EXECUTIVE OFFICER TALUK PANCHAYAT, KALASA CHIKKAMAGALURU - 577 124 2. PANCHAYAT DEVELOPMENT OFFICER TALUK PANCHAYAT, KALASA CHIKKAMAGALURU - 577 124 3. SMT. CHAMPA RAO W/O LATE MRUTHYUNJAYA RAO, MAJOR, R/AT KALASA PATTANA MAIN ROAD, MAVINAKERE VILLAGE, KALASA TALUK CHIKKAMAGALURU - 577 124 …RESPONDENTS (BY SRI. ASHOK N. NAYAK, ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI. P.N.HARISH, ADVOCATE FOR RESPONDENT NO.3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5841 WP No. 20862 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.02.2025 PASSED BY RESPONDENT NO.1 IN APPEAL NO.02/2024-25 FOUND AT ANNEXURE-H ALLOW THIS WRIT PETITION WITH COSTS. 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. The petitioner is before this Court seeking for the following relief: "Issue a writ of certiorari quashing the impugned order dated 28.02.2025 passed by Respondent No.1 in Appeal No.02/2024-25 found at Annexure- H, allow this Writ Petition with costs and grant such other reliefs as this Hon'ble Court deems fit to grant in the circumstances of the case." 2. The khata made out in the name of the petitioner was set aside by the impugned order and reverted to the name of the person in whose name it stood prior to such change of khata in the name of the petitioner i.e. the husband of the petitioner. 3. Learned counsel for the respondent No.3 submits that there is a suit for partition which has been filed by the sisters of - 3 - HC-KAR NC: 2026:KHC:5841 WP No. 20862 of 2025 the husband of the petitioner against the respondent No.3 and the petitioner which is pending. If that be so, the rights of the parties yet to be determined in the said suit, no fault could be found with the order passed by the respondent No.1 reverting the khata in the name of the deceased prior khatedar. The subsequent entry of khata would have to be made on the basis of the order to be passed in the partition suit, which is pending. 4. Learned counsel for the petitioner submits that since the khata has been made in the name of the predecessor i.e. the husband, the petitioner is unable to enter into any lease or otherwise and commercially exploit the property and as such seeks for the name of the petitioner to be entered in the khata register. That relief cannot be considered by this Court. It will have to be considered by the Trial Court seized of the partition suit. 5. Reserving liberty to the petitioner to file such application seeking for such reliefs as the petitioner desires, the petition stands disposed. If an application is so filed, the Trial Court - 4 - HC-KAR NC: 2026:KHC:5841 WP No. 20862 of 2025 is directed to consider the same and pass appropriate orders in accordance with law. SD/- (SURAJ GOVINDARAJ) JUDGE SMA/List No.: 1 Sl No.: 23