Smt Gowramma vs State Of Karnataka
2021 Latest Caselaw 6972 Kant

                            1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 21ST DAY OF DECEMBER, 2021

                       BEFORE

     THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

        WRIT PETITION No.10367/2021 (LB - RES)

BETWEEN

SMT. GOWRAMMA
AGED ABOUT 52 YEARS,
D/O. THOTI MUNIYAPPA,
W/O.LATE DASAPPA,
R/AT THARABANAHALLI VILLAGE,
JALA HOBLI, BENGALURU NORTH TALUK,
BENGALURU DISTRICT - 562 157.
                                         ... PETITIONER

[BY SRI. SHIVARAJU M.K., ADV.
    (PHYSICAL HEARING)]

AND

1.     STATE OF KARNATAKA
       REVENUE DEPARTMENT,
       M.S.BUILDING,
       BENGALURU 560001.
       REP. BY ITS PRNCIPAL SECRETARY.

2.     THE TAHSILDAR
       BENGLURU NORTH TALUK,
       BENGALURU - 560 009.

3.     THE EXECUTIVE OFFICER
       TALUKA PANCHAYAT,
       BENGALURU NORTH TALUK,
       YELAHANKA, BANGALOE - 560 064.
                              2



4.   THE PANCHAYAT DEVELOPMENT OFFICER
     MEENUKUNTE GRAMA PANCHAYAT,
     DODAJALA POST, JALA HOBLI,
     BENGALURU NORTH TALUK,
     BENGALURU DISTRICT - 562 157.
                                   ... RESPONDENTS

[BY SRI. K.R.NITYANANDA, AGA FOR R1 AND R2
    (PHYSICAL HEARING);
    SRI. M.S. DEVARAJU, ADV. FOR
    SRI. M.PRADEEP, ADV. FOR R3 AND R4
    (PHYSICAL HEARING)]

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENDORSEMENT DATED 07.01.2020 ISSUED
BY   THE   R4    DENYING/DECLINING/REFUSING      TO
TRANSFER THE KATHA OF THE SITE BEARING NO.14
MEASURING EAST TO WEST 30 FEET AND NORTH TO
SOUTH 40 FEET FORMED IN SY.NO.116 SITUATED AT
THARABANAHALLI VILLAGE, JALA HOBLI, BNGALURU
NORTH TALUK, BENGALURU DISTRICT, IN THE NAME OF
THE PETITIONER VIDE ANNEXURE-G AND ETC.,

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING - 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
                      ORDER

The petitioner calls in question an endorsement

dated 07.01.2021 passed by the fourth respondent

declining to transfer katha of the site bearing No.14

measuring East to West 30 feet and North to South 40

feet formed in land bearing Sy.No.116 at Tharabanahalli

village, Jala Hobli, Bengaluru North Taluk, Bengaluru

District in the name of the petitioner.

2. Heard Sri. Shivaraju M.K., learned counsel

appearing for the petitioner, Sri. K.R. Nityananda,

learned AGA for respondent Nos.1 and 2, Sri. M.S.

Devaraju, learned counsel for respondent Nos.3 and 4

and have perused the material on record.

3. The petitioner claims to be the absolute

owner and in possession in site bearing No.14

measuring East to West 30 feet and North to South 40

feet formed in land bearing Sy.No.116 at Tharabanahalli

village, Jala Hobli, Bengaluru North Taluk, Bengaluru

District. The site was allotted to the petitioner under

the Ashraya Scheme and have also issued a hakku

patra on 19.11.1991. The change of katha is sought for

by the petitioner on the strength of the aforesaid hakku

patra.

4. The learned counsel for petitioner would submit

that the issue with regard to the change of katha on the

strength of such hakku patra, stands covered by the

judgment of this Court in W.P.No.2203/2016 and an

order passed by this Court on 06.09.2019 in

W.P.No.10138/2018, wherein this Court has held as

follows:

" This writ petition is directed against the endorsement dated 19.08.2017 vide Annexure-D, issued by the fourth respondent, whereby the katha for the site bearing No.49 measuring 30 ft. x 40 ft.

        formed        in    Sy.No.116          situated        at
        Tharabanahalli           Village,      Jala        Hobli,

Bengaluru North Taluk, Bengaluru District, in the name of the petitioner, has been rejected.

2. Sri M.K.Shivaraju, the learned counsel appearing for the petitioner referred to the Coordinate Bench judgment of this Court passed in W.P.No.2203/2016 on 23.11.2016 and submitted that the

endorsement is issued without considering the hakku patra issued by the Tahasildar under the Ashraya Scheme. It is submitted that in view of the decision rendered by this Court in W.P.No.2303/2016, the impugned endorsement deserves to be quashed and a direction has to be issued to the fourth respondent to consider the hakku patra issued by the Tahasidlar and act upon the same in accordance with law.

3. Sri M.Pradeep, the learned counsel appearing for the fourth respondent would fairly submit that the request of the petitioner would be considered in terms of the order passed by this Court in W.P.No.2203/2016.

4. In view of the aforesaid submission, this writ petition is disposed of directing the fourth respondent to consider the hakku patra issued in favour of the petitioner after examining its genuineness. If it is found that the same is genuine the authority - respondent No.4 shall act upon the same and consider the case of the petitioner for

change of katha in respect of the property in question in accordance with law. This exercise shall be completed within two months from the date of receipt of a copy of this order.

5. With the above observations, the writ petition stands disposed of."

Therefore, the writ petition is disposed with the

same observations and directions that are obtaining in

W.P.No.10138/2018.

Sd/-

JUDGE

KG