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Karnataka High Court
Sri.Bangarappa S/O Irappa Harali vs The Taluka Panchayat Saundatti on 16 March, 2026
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NC: 2026:KHC-D:4077
WP No. 127426 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 127426 OF 2020 (LB-RES)
BETWEEN:
SRI.BANGARAPPA S/O IRAPPA HARALI,
AGED: ABOUT 40 YEARS,
OCC: AGRICULTURE,
R/O: YARAGATTI,
TQ: SAUNDATTI,
DIST: BELAGAVI-591126.
...PETITIONER
(BY SRI.G.I.GACHCHINAMATH, ADVOCATE)
AND:
1. THE TALUKA PANCHAYAT SAUNDATTI
REPRESENTED BY ITS PRESIDENT,
SAUNDATTI, DIST: BELAGAVI-591126.
2. THE SECRETARY,
PANCHAYAT DEVELOPMENT OFFICER,
GRAM PANCHAYAT, YARAGATTI,
TQ: SAUNDATTI, DIST: BELAGAVI-591126.
Digitally signed
by
PREMCHANDRA 3. SMT.DEEPA W/O. SOMAPPA PATTED,
MR
Location: HIGH
COURT OF
AGED: MAJOR, OCC: HOUSEHOLD WORK,
KARNATAKA R/O: YARAGATTI, TQ: SAUNDATTI,
DIST: BELAGAVI.
...RESPONDENTS
(BY SRI.P.N.HATTI, HCGP FOR R1 TO R2;
SRI. S.K.HOSAMANI, ADVOCATE FOR
SRI. A.S.PATIL, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
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NC: 2026:KHC-D:4077
WP No. 127426 of 2020
HC-KAR
ORAL ORDER
Sri.G.I.Gachchinamath., counsel for the petitioner,
Sri.P.N.Hatti., HCGP for respondents 1 & 2 and
Sri.S.K.Hosamani., counsel on behalf of Sri.A.S.Patil., for
respondent No.3 have appeared in person.
2. The petition is filed seeking following reliefs:
a. Quash the impugned order 10.12.2019 bearing
No.Tha.Pam.Sa/GraPam/Appealu-82/2019-20 produced
as Annexure-D passed by the Respondent No.1 by issue
of writ of certiorari or any other suitable writ or order or
directions.
b. Issue such other suitable writ or order or directions as
this Hon'ble court deems fit under the circumstances of
the present case including an order for costs in the
interest of justice and equity.
3. The third respondent purchased the property bearing
No.1197/1 and 1197/2 from Pandappa Ningappa Gangareddi in
2017. A resolution was passed by the Gram Panchayat and her
name was entered in the relevant property extracts. She
obtained the construction plan and the construction work was
almost completed. As she was unable to repay the debt, hence,
she was constrained to sell the property in favour of the
NC: 2026:KHC-D:4077
HC-KAR
petitioner. Accordingly, the petitioner purchased the property
under a registered sale deed dated 22.02.2019. After the
purchase of the property the resolution was passed and the
petitioner's name was entered in the property records.
As the matter stood thus, the third respondent preferred
an appeal before the first respondent to set aside the entries.
The first respondent allowed the appeal and redirected for
entering the name of respondent No.3 in the property records.
Under these circumstances, the petition is filed on several
grounds as set out in the memorandum of Writ Petition.
4. Counsel for the respective parties presented
several contentions. Heard the arguments and perused the
papers with care.
5. Counsel Sri.G.I.Gachchinamath., in presenting his
arguments submits that respondent No.3 has filed a civil suit in
O.S.No.123/2019 and the same is pending as of today.
Counsel for respondent No.3 does not dispute the initiation
of proceedings pertaining to sale deed and the pendency of the
suit as of today.
NC: 2026:KHC-D:4077
HC-KAR
6. Taking note of the said submission and the pendency
of the civil suit as of today between the petitioner and
respondent No.3, this Court deems it proper to quash order
dated:10.12.2019 passed by the first respondent vide Annexure-
D. The concerned authority is directed to restore the name of the
petitioner as per the sale deed. However, the restoration is
subject to the outcome of the pending civil suit.
7. With the above observation, the Writ Petition is
allowed.
Sd/-
(JYOTI M)
JUDGE
MRP
List No.: 1 Sl No.: 71
