Sri.H.Rajanna vs The Panchayath Development Officer
2024 Latest Caselaw 5295 Kant

Karnataka High Court

Sri.H.Rajanna vs The Panchayath Development Officer on 21 February, 2024

Author: S Sunil Dutt Yadav

Bench: S Sunil Dutt Yadav

                                                 -1-
                                                          NC: 2024:KHC:7580
                                                       WP No. 25309 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                            BEFORE
                         THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
                          WRIT PETITION NO. 25309 OF 2023 (LB-RES)
                   BETWEEN:

                   SRI.H.RAJANNA
                   AGED ABOUT 65 YEARS,
                   S/O LATE HANUMEGOWDA,
                   R/AT HULLENAHALLI VILLAGE,
                   KASABA HOBLI, ARSIKERE TALUK,
                   KARNATAKA - 573 103.
                                                            ...PETITIONER
                   (BY SRI. DINESH C R., ADVOCATE)

                   AND:

                   1.    THE PANCHAYATH DEVELOPMENT OFFICER
                         HEBBANAGHATTA GRAMA PANCHAYATH,
                         HEBBANAGHATTA, ARSIKERE TALUK,
                         KARNATAKA - 573 103.

                   2.    THE EXECUTIVE OFFICER
Digitally signed
by VIJAYA P              TALUK PANCHAYATH,
Location: High           ARSIKERE,
Court of                 KARNATAKA - 573 103.
Karnataka
                   3.    THE CHIEF EXECUTIVE OFFICER
                         HASSAN DISTRICT, HASSAN,
                         KARNATAKA - 573 201
                                                            ...RESPONDENTS
                   (BY SRI. M S DEVARAJU., ADVOCATE FOR R1 TO R3)

                       THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
                   CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R1
                   TO TRANSFER THE KATHA OF THE SCHEDULE PROPERTY IN
                   THE NAME OF THE PETITIONER, WHICH IS FREE OF
                   ENCUMBRANCES & ETC.
                                -2-
                                               NC: 2024:KHC:7580
                                            WP No. 25309 of 2023




    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

The petitioner has sought for issuance of writ in the

nature of mandamus to direct the respondent no.1 to

transfer the katha of the schedule property in the name of

the petitioner.

2. The petitioner has made out representations in

which it is asserted that katha with respect to the property

which is the subject matter of the writ petition was

standing in the name of the petitioner's father and after

his death, he seeks transfer of katha into his name.

3. It is further submitted that decree has been

obtained by him in the form of injunction in

O.S.No.14/2017 and despite such judgment and decree

wherein the property of the petitioner is described in the

schedule, respondents have failed to effect katha.

4. In light of limited prayer sought for, the petition

is disposed off. The request for katha as made to the

NC: 2024:KHC:7580

respondent no.1 to be disposed off in accordance with law.

Petitioner to furnish necessary documents as may be

required to process the request for transfer of katha as is

permissible in law. On submission of documents sought

for, the first respondent to pass appropriate orders within

a period of eight weeks thereafter. All contentions are

kept open.

Sd/-

JUDGE

NP