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Karnataka High Court

Shri. R Bharatkumar S/O Raghunathmal ... vs The Town Panchayath Mariyamanahalli on 5 November, 2025

                                                  -1-
                                                            NC: 2025:KHC-D:15096
                                                          WP No. 104008 of 2024


                        HC-KAR




                      IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                        DATED THIS THE 5TH DAY OF NOVEMBER, 2025

                                         BEFORE
                      THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

                        WRIT PETITION NO.104008 OF 2024 (LB-RES)

                       BETWEEN:

                       SHRI. R. BHARATKUMAR S/O RAGHUNATHMAL JAIN,
                       AGE. 53 YEARS, OCC. BUSINESS,
                       R/O. MARIYAMMANHALLI TOWN,
                       HOSAPETE TALUK, DIST. VIJAYNAGAR-583 222.

                                                                     ... PETITIONER

                       (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

                       AND:

                       1.   THE TOWN PANCHAYATH MARIYAMANAHALLI,
                            MARIYAMANAHALLI TOWN, HOSAPETE TALUK,
                            DIST. BALLARI-583 222,
                            REPRESENTED BY ITS CHIEF OFFICER.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
                       2.   THE SUB-INSPECTOR OF POLICE,
DHARWAD BENCH
                            MARIYAMANHALLI POLICE STATION,
                            HOSAPETE TALUK, DIST. BALLARI-583 222.

                                                                   ... RESPONDENTS

                       (BY SRI. S.S. BETURMATH, ADVOCATE FOR R1;
                           SRI. ASHOK T. KATTIMANI, AGA FOR R2)

                              THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
                       227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS A
                       WRIT OF CERTIORARI OR ANY OTHER NATURE QUASHING THE
                               -2-
                                               NC: 2025:KHC-D:15096
                                          WP No. 104008 of 2024


HC-KAR




IMPUGNED ENDORSEMENT DATED 12-06-2024 ISSUED BY THE
1ST      RESPONDENT     TO         THE    PETITIONER        BEARING
NO.Pa.pam/MaMaHalli/ka.Vi/2024-25 VIDE ANNEXURE-D AND
PASS A WRIT OF MANDAMUS DIRECTING THE 1ST RESPONDENT
TO ISSUE TO THE PETITIONER KHATHA-CERTIFICATE (FORM
NO.3).


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


                      ORAL ORDER

(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

1. This petition is filed assailing the endorsement dated 12.06.2024.

2. The petitioner claims that he has purchased the property bearing No.3/295 (old No.1202) situated in Mariyammanahalli village, Hospet Taluk, Ballari District, under the registered sale deed dated 17.11.2006. It is his submission that an endorsement is issued on the premise that respondent No.2 has filed objection stating that the -3- NC: 2025:KHC-D:15096 WP No. 104008 of 2024 HC-KAR petitioner can seek change in the property records after the disposal of the suit.

3. Notice was issued to the respondents in this petition. Statement of objection is not filed. No records are produced to show that the suit is pending in respect of the same property.

4. Learned counsel for the petitioner would place reliance on the judgment of the Co-ordinate Bench of this Court in Smt. Megar Sulochana vs The Town Panchayath, Mariyammanahalli & Another1, wherein, this Court in terms of the order dated 02.09.2022 passed by this Court in Smt. M.S. Rajeshwari and others v. The Joint Commissioner and another2, has held that the Khata is to be changed pursuant to the registered sale deed.

1 WP No.147891 of 2020. 2 WP No.8494 of 2016. -4-

NC: 2025:KHC-D:15096 WP No. 104008 of 2024 HC-KAR

5. Endorsement is perused. The endorsement also does not disclose any suit number or any records regarding the pendency of the suit. It is not the case of the respondents that there is an interim order restraining change of Khata in the property records.

6. Hence, the following:

ORDER i. Writ petition is allowed. ii. Impugned endorsement dated 12.06.2024 issued by respondent No.1 at Annexure-D, is quashed.
iii. Respondent No.1 shall enter the name of the petitioner in the property records as per the registered sale deed marked at Annexure-A. iv. It is made clear that this Order should not be construed as having opined on the title of the -5- NC: 2025:KHC-D:15096 WP No. 104008 of 2024 HC-KAR petitioner. If there is any title dispute, the same has to be decided by the competent Civil Court.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 49