Smt Sridevi vs The Executive Officer on 21 January, 2025

[Cites 3, Cited by 0]

Karnataka High Court

Smt Sridevi vs The Executive Officer on 21 January, 2025

Bench: N S Sanjay Gowda

                                       -1-
                                                    NC: 2025:KHC:2476
                                                WP No. 14151 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 21ST DAY OF JANUARY, 2025

                                     BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                   WRIT PETITION NO. 14151 OF 2023 (LB-RES)
            BETWEEN:

            1.    SMT SRIDEVI
                  W/O MAHESH,
                  AGED ABOUT 36 YEARS,
                  RESIDING AT MALLASANDRA VILLAGE,
                  KASABA HOBLI, HOSKOTE TALUK - 562114
                  BENGLURU RURAL DISTRICT.
                                                         ...PETITIONER
            (BY SRI. KALYAN R., ADVOCATE)

            AND:

            1.    THE EXECUTIVE OFFICER
                  HOSAKOTE TALUK, HOSAKOTE-562114
                  BENGALURU RURAL DISTRICT.

            2.    THE PANCHAYATH DEVELOPMENT OFFICER
Digitally         SAMETHANAHALLI GRAMA PANCHAYATH,
signed by
KIRAN             ANUGONDANAHALLI HOBLI,
KUMAR R
Location:
                  HOSKOTE TALUK - 562 114
HIGH              BENGALURU RURAL DISTRICT.
COURT OF
KARNATAKA
            3.    SRI SHESHAPPA
                  S/O LATE YELENAGAPPA,
                  AGED ABOUT 68 YEARS,
                  RESIDING AT MALLASANDRA VILLAGE,
                  KASABA HOBLI, HOSKOTE TALUK-562114
                  BENGALURU RURAL DISTRICT.
                                                     ...RESPONDENTS
            (BY SRI. M.S.DEVARAJU., ADVOCATE FOR R-1 & R-2;
                SRI. H.C.SHIVARAMU ALONG WITH
               SRI. K.H.THIMMAIAH., ADVOCATE FOR R-3)
                             -2-
                                          NC: 2025:KHC:2476
                                      WP No. 14151 of 2023




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO
QUASH THE IMPUGNED ORDER DATED 20.06.2023 IN APPEAL
NO.17/2021 PASSED BY THE R1 EXECUTIVE OFFICER, TALUK
PANCHAYAT, HOSAKOTE, BENGALURU RURAL DISTRICT AS
PER ANNEXURE-A TO THE WRIT PETITION, ETC.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:   HON'BLE MR JUSTICE N S SANJAY GOWDA

                      ORAL ORDER

1. The petition is filed challenging the order passed by the Executive officer in exercise of the power under Section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 [for short, 'the Act'].

2. By the said order, the Executive Officer has set aside the khata which had been registered in the name of the petitioner and has directed the cancellation of Khata.

3. A reading of the impugned order would indicate the fact that the Khatha was registered in the name of the petitioner is not in dispute. The Executive Officer however goes on to record a finding that the property -3- NC: 2025:KHC:2476 WP No. 14151 of 2023 claimed by the petitioner was situated elsewhere and was not relatable to the Khatha that had been registered in her name. He also goes on to doubt the Hakku Patra that had been the source of title for the petitioner.

4. In my view, the Executive Officer, in exercise of power under Section 269 of the Act, had basically no jurisdiction to determine the legality of a title sought to be put forth by a claimant. The Executive Officer could at best examine whether the registration of Khatha was on the basis of a valid document or not. The Executive Officer could not have ventured into a roving inquiry and attempted to determine the identity or the legality of the title claimed by the petitioner.

5. It is also pertinent to state here that the petitioner herein had in fact instituted a suit in OS No.229 of 2017 against respondent No.3 in which she had sought for a decree of declaration that she was the -4- NC: 2025:KHC:2476 WP No. 14151 of 2023 owner of the property in dispute on the basis of the registered gift deed and as rectified by a rectification deed.

6. Once the parties were before the Civil Court right from the year 2017, the Executive Officer could not have exercised his power under Section 269 of the Act and basically pre-empt or frustrate the proceedings pending before the Civil Court and I am, therefore, of the view that the impugned order cannot be sustained and the same is quashed. The Khata shall stand restored in favor of the petitioner.

7. However, it is made clear that the registration of this Khatha in favour of the petitioner would be subject to the ultimate result of O.S. No.229 of 2017 which is pending before the Additional Civil Judge and JMFC, Hoskote.

-5-

NC: 2025:KHC:2476 WP No. 14151 of 2023

8. The rights of the either of the parties shall be adjudicated by the Civil Court and all contentions of both parties are left open.

9. The Writ Petition is accordingly allowed.

Sd/-

(N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 18

Unlock Advanced Research with PRISMAI

Karnataka High Court