- 1 - HC-KAR NC: 2026:KHC:13983 WP No. 36935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 36935 OF 2025 (LB-RES) BETWEEN: 1. SRI. GANGADHARAIAH S/O LINGAIAH @ KARIYAPPA AGED 65 YEARS SEEGEKUPPE VILLAGE MADBAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT 561 201. …PETITIONER (BY SRI. VISHWANATH KANAVI, ADVOCATE) AND: 1. EXECUTIVE OFFICE CUM APPELLATE AUTHORITY TALUK PANCHAYATI MAGADI TALUK RAMANAGARA DISTRICT-561 201. 2. THE PRESIDENT SEEGEKUPPE VILLAGE MADBAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-561 201. 3. THE PANCHAYAT DEVELOPMENT OFFICER SEEGEKUPPE VILLAGE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13983 WP No. 36935 of 2025 MADBAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-561 201. 4. SRI. KEMPANNA S/O LATE SANNAPPA SEEGEKUPPE VILLAGE MADBAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-561 201. …RESPONDENTS (BY SRI. M.S.DEVARAJU, ADVOCATE FOR R1 TO R3; R4-NOTICE IS DISPENSED WITH) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 16.04.2025 ON PASSED BY EXECUTIVE OFFICE CUM APPELLATE AUTHORITY, TALUK PANCHAYATI, MAGADI TALUK, RAMNAGARA DISTRICT, IN APPEAL NO.08/2023-24, AT ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:13983 WP No. 36935 of 2025 ORAL ORDER The order dated 16.04.2025 in appeal No.08/2023-24 passed by respondent no.1, wherein, the request of the appellant/petitioner herein to cancel the khata issued in favour of respondent no.4 in respect of Sy.No.21/49 of Seegekuppe village has been rejected, is challenged herein. 2. The case of the petitioner is that he is the owner of the adjacent property. That respondent no.4 who is his neighbor has encroached upon a portion of the property belonging to the petitioner and he has got the khata executed in his favour in respect of the property situated in Sy.No.21/49 which includes the encroached portion. It is submitted that the petitioner has filed O.S.no.129/2023 in this regard which is pending on the file of Principal Civil Judge and JMFC at Magadi. Under the said circumstances, the petitioner requested respondent no.1 in Appeal No.08/2023-24 to cancel the khata in respect of the property in Sy.No.21/49, which has been issued in favour of respondent no.4 herein. The said appeal has been rejected on the ground that O.S.No.129/2023 is pending before Civil Court. - 4 - HC-KAR NC: 2026:KHC:13983 WP No. 36935 of 2025 3. Admittedly, the petitioner is not the owner of the property situated in Sy.No.21/49 of Seegekuppe Village. He is the owner of the adjacent property. Khata in respect of his property has not been changed. Khata has been issued in favour of respondent no.4 in respect to the property belonging to him. If respondent no.4 being the owner of the adjacent property of the petitioner, has encroached upon a portion of the property of the petitioner, in that event petitioner is entitled to have the same redressed by approaching the appropriate civil Court. The petitioner has in fact filed O.S.No.129/2023 in this regard, which is pending on the file of Principal Civil Judge and JMFC at Magadi. 4. Under the said circumstances, the request of the petitioner for cancellation of khata issued in favour of respondent no.4 in respect of the property in Sy.No.21/49 does not arise. 5. The measurements in respect to the property in possession of respondent no.4 will have to be subject to outcome of O.S.No.129/2023. If the petitioner succeeds in O.S.No.129/2023, irrespective of any order passed by the - 5 - HC-KAR NC: 2026:KHC:13983 WP No. 36935 of 2025 revenue authorities, petitioner is entitled to enforce his right as per the orders of the civil Court. 6. For the aforementioned reason, the writ petition is hereby dismissed. 7. However, it is clarified that any order passed by respondent nos.1 to 3 herein in respect of Sy.No.21/49 will be subject to the result of O.S.No.129/2023 pending on the file of Principal Civil Judge and JMFC at Magadi. It is also clarified that Khata in favour of respondent no.4 alone will not weigh in the mind of the civil Court while determining the rights of the parties in O.S.No.129/2023. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 2