Karnataka High Court
Sri K G Umashankar vs The State Of Karnataka on 3 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:25058
WP No. 14198 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 14198 OF 2018 (LB-RES)
BETWEEN:
SRI K G UMASHANKAR
S/O LATE CHIKKAGANGADHARAIAH
AGED ABOUT 56 YEARS
R/AT PRESENT KAKOLA VILLAGE
HESARAGHATTA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560089
...PETITIONER
(BY SRI. V VIJAYASHEKARA GOWDA., ADVOCATE[ABSENT])
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
GRAMANABHIRUDI & PANCHAYATH RAJ
2ND & 3RD FLOOR, VEEDHANA VEEDHI
Digitally signed by M S BUILDING, BENGALURU-560 001.
PRAJWAL A
Location: HIGH COURT 2. THE EXECUTIVE OFFICER
OF KARNATAKA
BENGALURU NORTH TALUK
PANCHAYATH BENGALURU NORTH TALUK
YELAHANKA, BENGALURU-560 065.
3. THE PANCHAYATH DEVELOPMENT OFFICER
SONNENAHALLI GRAMA PANCHAYATH
SONNEHALLI HESARATHATTA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560 089.
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NC: 2024:KHC:25058
WP No. 14198 of 2018
4. SRI K G BASAVARAJU
S/O LATE DODDAGANGADRAPPA
AGED ABOUT 49 YEARS
5. SMT BASAMMA
S/O LATE DODDAGANGADRAPPA
AGED ABOUT 57 YEARS
R4 & R5 ARE R/AT KAKOLA VILLAGE
HESARAGHATTA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560089
...RESPONDENTS
(BY SRI.G.S ARUNA, AGA FOR R1:
SRI. T H CHIKKAVENKATE GOWDA, ADVOCATE FOR R2 & R3:
SRI. BYRE GOWDA N, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITTUION OF INDIA PRAYING TO
QUASH THE IMPUGNED ENTRIES MADE AS PER ANNEXURE-D
AND E BY THE RESPONDENT NO.3 AND PRAYS TO DELETE THE
NAME OF R-4 & 5 AND THE IMPUGNED ORDER AT ANNEXURE-K
OF R-2 PASSED IN CASE DATED 19.1.2018 BY ISSUE OF WRIT
OF CERTIORARI.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner called in question the khata made in favour of respondent Nos.4 and 5 and the order passed by the Executive Officer, Taluk Panchayat under Section 269 of the Karnataka Panchayat Raj Act, 1993 (for short, 'Panchayat Raj Act'), vide Annexure-K dated 19.01.2018.
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NC: 2024:KHC:25058 WP No. 14198 of 2018
2. None appears for the petitioner.
3. The learned counsel appearing for respondent Nos. 4 and 5, at the outset, submits that the appeal filed by the petitioner before the Executive Officer under Section 269 of the Panchayat Raj Act is not maintainable. The appeal is filed beyond a period of 30 days. He further contended that the dispute between the parties is related to the civil matter. In respect of the very same issue, suit for partition has been filed by the parties against the judgment and decree and now the second appeals are pending before this Court. Since the civil dispute is pending between the parties, the second respondent has rightly dismissed the appeal on the ground that the RSA is pending before this Court in respect of the partition between the parties. Therefore, there is no error or illegality in the order passed by the Executive Officer vide Annexure-K.
4. In respect of the change of khata in favour of respondent Nos. 4 and 5 is concerned, the same is always -4- NC: 2024:KHC:25058 WP No. 14198 of 2018 subject to the result of RSA Nos.1982/2015 and 1833/2015, pending before this Court.
5. With the above observations, the writ petition stands disposed of.
Sd/-
JUDGE CM List No.: 1 Sl No.: 64