Karnataka High Court
A. Krishna Kishor vs The Regional Commissioner And Ors on 12 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 201896 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201896 OF 2021 (LB-RES)
BETWEEN:
A. KRISHNA KISHOR
S/O A. RAM MOHAN RAO (KUMAR),
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O HUNSAGI VILLAGE, TQ.HUNSAGI,
DIST.YADGIR,
PRESENTLY R/AT WARD NO.5,
NEAR RAMA DEVARA TEMPLE, BASAPATNA,
TQ.GANGAWATHI, DIST.KOPPAL.
...PETITIONER
(BY SRI. MAHANTESH PATIL, ADVOCATE)
Digitally signed AND:
by SACHIN
Location: HIGH
COURT OF 1. THE REGIONAL COMMISSIONER,
KARNATAKA KALABURAGI DIVISION,
KALABURAGI-585202.
2. THE DEPUTY COMMISSIONER,
YADGIRI, DIST.YADGIRI-585202.
3. THE ASSISTANT DIRECTOR,
CITY AND RURAL DEVELOPMENT PLANNING,
AUTHORITY, YADIGIR-585202.
4. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT, YADGIRI,
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DIST.YADGIRI.-585202.
5. THE PANCHAYAT DEVELOPMENT OFFICER,
HUNASAGI, TQ.HUNASAGI,
DIST.YADGIRI-585202.
6. SMT. NEELAMMA W/O SANGANNA VAILI,
AGE: 40 YEARS,
OCC:EX-PRESIDENT,
R/O C/O SANGANNA VALLI, NEAR AGASI,
HUNASAGI TOWN,
TALUK: HUNASAGI, DIST.YADGIRI-585202.
7. THE PRESIDENT,
SAVITA SAMAJA VIVIDODDHESHA SANGHA,
NEAR ANJANEYA TEMPLE,
TQ.HUNASAGI, DIST.YADGIRI-585202.
8. STATION HOUSE OFFICER,
LINGASUGUR POLICE STATION,
TQ.LINGASUGUR,
DIST.RAICHUR-584101.
...RESPONDENTS
(BY SRI SHESHADRI JAISHANKAR M., AGA FOR R1 TO R3
AND R8
SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE FOR R4 & R5;
SRI JAYANANDAYYA, ADVOCATE FOR R7 & R8;
NOTICE TO R6 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
ORDER DATED 13.12.2017 VIDE ANNEXURE-D RECORDED IN
THE MINUES BOOK PASSED BY THE 5TH RESPONDENT AND
CONSEQUENTLY DIRECT THE RESPONDENT NO.1, 2, AND 4 TO
INITIATE PROCEEDINGS TO CANCEL / SET ASIDE THE GIFT
DEED DATED 03.01.2019 DOCUMENT BEARING NO.
TH
1774/2018-19 EXECUTED BY THE 5 RESPONDENT IN
FAVOUR OF 7TH RESPONDENT VIDE ANNEXURE-E. B) ISSUE A
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HC-KAR
WRIT IN THE NATURE OF MANDAMUS OR DIRECTION,
DIRECTING THE RESPONDENT NO.1 TO 4 TO UTILIZE THE
LAND HAS RESERVED IN THE APPROVED LAYOUT MAP AS PER
ORDER DATED 18.05.2015 AND APPROVED LAYOUT IN THE
LAYOUT FORMED IN SY. NO. 181/ HISSA 3 MEASURING 2
ACRES SITUATED AT HUNASAGI VILLAGE, DISTRICT-YADGIR,
BY CONSIDERING THE REPRESENTATION, VIDE ANNEXURE-F
AND F1. C) ISSUE WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE 8TH RESPONDENT TO REGISTER THE FIR AS
PER THE COMPLAINT DATED 30.08.2021 VIDE ANNEXURE-P
GIVEN BY THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Articles 226 and 227 of the Constitution of India, is filed seeking for the following reliefs:-
"a) Issue a Writ in the nature of certiorari, to quash the order dated 13.12.2017 vide Annexure-D recorded in the minutes book passed by the 5th respondent and consequently direct the respondent No.1, 2 and 4 to initiate proceedings to cancel/set aside the gift deed dated 03.01.2019 Document bearing No.1774/2018-19 executed by the 5th respondent in favour of 7th respondent vide Annexure-E, in the interest of justice and equity.-4-
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b) Issue a Writ in the nature of Mandamus or direction, directing the respondent No.1 to 4 to utilize the land has reserved in the approved layout map as per order dated 18.05.2015 and approved layout in the layout formed in Sy. No.181 hissa 3 measuring 2 acres situated at Hunasagi Village, District Yadgir, by considering the representation, vide Annexure-F and F1, in the interest of justice.
c) Issue Writ in the nature of Mandamus directing the 8th respondent to register the FIR as per the complaint dated 30.08.2021 vide Annexure- P given by the petitioner.
d) Pass such other orders or directions as this Hon'ble Court deems just and proper under the circumstances of the case and allow this Writ Petition, in the interest of justice and equity."
2. Heard the learned counsel for the parties.
3. Petitioner, who was the owner of the land bearing Sy. No. 181, measuring 2 acres situated at Hunasagi Village, Yadagiri District, after obtaining a sanctioned layout plan from respondent No.3 had formed a layout in the aforesaid land after reserving sites for playground, civic amenities, park etc., in -5- NC: 2026:KHC-K:2329 WP No. 201896 of 2021 HC-KAR compliance of the terms and conditions of the order passed by respondent No.3 while approving the layout plan. It appears that petitioner had transferred the sites reserved as aforesaid to respondent No.5 and when the matter stood thus, respondent No.6, who was the then President of respondent No.5 Gram Panchayat had passed a resolution in the meeting of the Grama Panchayat to transfer the property bearing 40/96/1 totally measuring 192 sq. mtrs in favour of respondent No.7 and the decision taken in the meeting of the Grama Panchayat was reduced in writing in the meeting proceedings of the Grama Panchayat dated 13.12.2017 which is at Annexure-D. Based on the same, it appears that respondent No.5 has executed a Gift Deed in favour of respondent No.7 on 03.01.2019 vide Annexure - E in respect of the aforesaid property.
4. It is under the aforesaid circumstances, petitioner had filed a complaint before respondent Nos.2 and 4 and respondent No.4 in turn had directed the Executive Officer of the Taluk Panchayat to conduct an enquiry and submit appropriate report. It appears that petitioner also had given a -6- NC: 2026:KHC-K:2329 WP No. 201896 of 2021 HC-KAR complaint to the first respondent - Regional Commissioner. On 01.02.2020 vide Annexure - K, respondent No.1 had directed respondent No.4 to take appropriate action against concerned, who had executed the Gift Deed as aforesaid. It appears that subsequently on 03.04.2023, State Government has passed an order against the then Panchayath Development Officer, who had executed the Gift Deed in favour of respondent No.7 as aforesaid, imposing punishment for his misconduct as provided under Rule 214(1)(b) of the Karnataka Civil Services Rules. Copy of the said order dated 03.04.2023 has been produced by learned counsel for the petitioner along with a memo dated 06.08.2024 before this Court.
5. Learned counsel for the petitioner placing reliance on Rules 4 and 5 of the Karnataka Panchayath Raj (Acquisition and Transfer of Movable and Immovable Properties by Gram Panchayath) Rules, 1996 (hereinafter referred to as 'the Rules of 1996' for short) submits that respondent No.5 had no authority to execute the Gift Deed as aforesaid in respect of the property bearing Sy. No.40/96/1 totally measuring 192 sq. mtrs. Accordingly, he prays to allow the petition. -7-
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6. Per contra, learned counsels for respondent Nos.4, 5 and 7 submits that the petitioner is not entitled for the relief sought for in this petition and if he is aggrieved by the registered Gift Deed, he is required to approach the competent Civil Court seeking appropriate relief. They submit that petitioner has surrendered the civic amenity sites to the Grama Panchayat and therefore, he cannot have any grievance as against the impugned resolution/decision vide Annexure - D or the registered Gift Deed at Annexure - E. Accordingly, they pray to dismiss the petition.
7. Undisputed facts of the case are, the land in dispute in respect of which Gift Deed has been executed on 03.01.2019 vide Annexure - E by respondent No.5 in favour of respondent No.7, originally belonged to the petitioner and after the layout was formed in property bearing Sy. No.181, disputed property bearing panchayat No.40/96/1, totally measuring 192 sq. mtrs., was handed over to respondent No.5 Grama Panchayat for the purpose of Civil amenity. Respondent No.5 - Panchayath has transferred the said property to respondent No.7 under the registered Gift Deed dated 03.01.2019 vide Annexure - E. -8- NC: 2026:KHC-K:2329 WP No. 201896 of 2021 HC-KAR
8. From a reading of Rules 4 and 5 of the aforesaid Rules of 1996, it is apparent that without the approval of the Taluk Panchayat or the State Government, as the case may be, respondent No.5 could not have executed a Gift Deed as per Annexure - E in favour of respondent No.7 in respect of the property in question which totally measures 192 sq. mtrs. Further, the material on record would go to show that on the complaint of the petitioner alleging misconduct by the respondent No.5, for the reason that he had executed Gift Deed in favour of respondent No.7, action has been taken and the competent authority had initiated disciplinary proceedings against him and vide Government Order dated 03.04.2023 bearing No.UÁæC¥À 237 UÁæ¥A À PÁ 2022, then PDO of Hunasagi Gram Panchayath, Yadgiri Taluk is held guilty of the alleged misconduct and punishment has been imposed on him as provided under Rule 214(1)(b) of the Karnataka Civil Services Rules. Under the circumstances, I am of the opinion that the impugned decision/Resolution at Annexure-D dated 13.12.2017 to the extent it relates to transferring the property in question in favour of respondent No.7 and the subsequent Gift Deed -9- NC: 2026:KHC-K:2329 WP No. 201896 of 2021 HC-KAR dated 03.01.2019 executed by respondent No.5 in favour of respondent No.7 cannot be sustained. Accordingly, the following:-
ORDER
(i) The writ petition is partly allowed.
(ii) The impugned resolution/decision at Annexure - D dated 13.12.2017 insofar as it relates to transferring of the property bearing No.40/96/1 situated within the jurisdiction of Hunasagi Gram Panchayat in favour of respondent No.7 and the subsequent Gift Deed dated 03.01.2019 vide Annexure - E executed by respondent No.5 in favour of respondent No.7 are hereby quashed.
(iii) Respondent Nos.1 to 4 are directed to utilise aforesaid land for the purpose for which it is reserved under the approved layout plan dated 18.05.2015.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 28 CT:PK