Karnataka High Court
S M Jayaramappa vs State Of Karnataka on 3 October, 2023
Bench: Chief Justice, Krishna S Dixit
-1-
NC: 2023:KHC:35572-DB
WA No. 843 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 843 OF 2022 (LB-RES)
BETWEEN:
S M JAYARAMAPPA,
S/O LATE MUNISHAMAPPA,
AGED ABOUT 75 YEARS,
RESIDENT OF SADAPPANAHALLI VILLAGE,
SULEBELE HOBLI,
HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT - 562 129.
...APPELLANT
(BY SRI. K C E MANJUNATH., ADVOCATE FOR
SRI. MANIVANNAN G.,ADVOCATE)
Digitally signed
by SHARADA AND:
VANI B
Location: HIGH
COURT OF 1. STATE OF KARNATAKA,
KARNATAKA DEPARTMENT OF PANCHAYATH RAJ &
RURAL DEVELOPMENT,
M S BUILDING, VIDHANA VEEDHI,
BANGALORE 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE ZILLA PANCHAYATH
BANGALORE RURAL DISTRICT,
KEMPEGOWDA ROAD,
BANGALORE-560 001,
-2-
NC: 2023:KHC:35572-DB
WA No. 843 of 2022
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
3. GIDDAPPANAHALLI GRAMA PANCHAYATH
GIDDAPPANAHALLI, SULEBELE HOBLI,
HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT.
REPRESENTED BY ITS
PANCHAYATH DEVELOPMENT OFFICER
4. RAMANJINI,
S/O LATE HUCHEERAPPA,
SINCE DECEASED BY HIS LRS,
4A NARAYANASWAMY,
S/O LATE HUCHEERAPPA,
AGED ABOUT 66 YEARS,
S/O LATE HUCHEERAPPA,
RESIDENT OF SADAPPANAHALLI @
ETHINAODAYAPURA VILLAGE,
SULEBELE HOBLI, HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT - 562 129.
...RESPONDENTS
(BY SMT. SHWETA KRISHNAPPA., AGA FOR R1)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO A)ALLOW THE WRIT APPEAL
FILED BY THE APPELLANTS AND FURTHER BE PLEASED TO SET
ASIDE THE ORDER DATED 17/06/2022 PASSED BY THE
LEARNED SINGLE JUDGE IN DISMISSING WP NO.37304/2013
AND BE PLEASED TO DISMISS THE WRIT PETITION FILED BY
THE RESPONDENT NO.4 IN WP NO.37304/2013 AND B)GRANT
SUCH OTHER RELIEF OR RELIEFS INCLUDING THE COSTS.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
-3-
NC: 2023:KHC:35572-DB
WA No. 843 of 2022
JUDGMENT
This intra-court appeal seeks to lay a challenge to
the learned Single Judge's order dated 17.06.2022 in
W.P.No.37304/2013 whereby the direction have been
issued to the Grama Panchayat to transfer khatha of the
subject property in the name of one Mr.Narayanaswamy
on the basis of the Partition Deed dated 14.09.2012. Of
course, liberty is reserved to the appellant to work out his
remedy of establishing 'his title to the property in question
before the civil court'.
2. Learned counsel for the appellant argues that
on the basis of the material placed on record of the writ
petition, the above direction could not have been given,
more particularly when the claim of the appellant to the
property is being adjudicated in R.S.A.No.1190/2019
pending on the file of a learned Single Judge of this Court.
He further argues that, by the logic which animated the
impugned order, the writ petitioner who happens to be
respondent No.4 dead by legal representative ought to
NC: 2023:KHC:35572-DB
WA No. 843 of 2022
have been relegated to the civil court, and his client.
Learned Additional Government Advocate appearing for
the official respondents opposes the appeal making
submission in justification of the impugned order.
3. Having heard the learned counsel for the
appellant and the learned Additional Government Advocate
for the official respondents, we decline indulgence in the
matter being broadly in agreement with reasoning of the
learned Single Judge. It has been a settled position of law
that entries in the property records do not vouch the title
of the parties whose names figured in the said entries and
therefore, aggrieved party can always establish his title by
filing an appropriate suit, as stated by the learned Single
Judge. Added, the direction to enter the name of
Sri Narayanaswamy to the property records is made
subject to the result of pending R.S.A.No.1190/2019.
Thus, the impugned order regardless of arguable
infirmities therein cannot be said to be unsustainable.
NC: 2023:KHC:35572-DB
WA No. 843 of 2022
In the above circumstances, this appeal being devoid
of merits is liable to be and accordingly dismissed, costs
having been made easy. Registry shall send a copy of this
order to respondent No.4.a) by speed post immediately.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/
