Petitioner challenged withdrawal of municipal records (Khata) after buying property while partition suit was pending. Court held withdrawal without court order violated natural justice and allowed writ petition.
Petitioner succeeded; endorsements dated 29.06.2022 and 28.06.2022 quashed; Khata directed to be restored forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2nd DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.13783/2022 (LB-RES)
BETWEEN :
SRI CHANDRASHEKAR H S/O HEMAGIRAIAH AGED ABOUT 40 YEARS R/O ADISHAKTHIHALLI KUTAGAL HOBLI RAMANAGARA TALUK TAMANAGARA DISTRICT - 562159. ...PETITIONER
(BY SRI.RAMESH K R,ADVOCATE)
AND :
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S/O KRISHNAPPA AGED ABOUT 47 YEARS R/AT B M ROAD IJURU, OPP. POLICE STATION RAMANAGARA TOWN RAMANAGARA - 562159. ...RESPONDENTS
(BY SRI.SRINIVAS GOWDA, AGA FOR R.1 & 2, SRI A NAGARAJAPPA, ADV. FOR R.3 (VK NOT FILED), SRI PADMABHUSHAN N, ADV. FOR R.4 (VK FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/ENDORSEMENT DATED 29.06.2022 BEARING NO.NASARA/THAVI/CR/451/2021-22 AT ANNEXURE - H AND THE ORDER DATED 28.06.2022 BEARING NO.NASARA/THAVI/CR/451/2021-22 AT ANNEXURE - J PASSED BY THE 3RD RESPONDENT.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner claims to be the purchaser of the subject property by virtue of a registered sale deed dated 28.01.2022 and in pursuance of the said sale deed, Khata was registered in favour of the petitioner in respect of the subject property by respondent No.3.
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registered in favour of the petitioner stating that suit for partition in O.S.No.353/2018 is pending. Thereafter, respondent No.3 without issuing notice has withdrawn the Khata registered in favour of the petitioner and also withdrawn the permission granted for demolishing the structure constructed in the subject property. Against which the present petition is filed.
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violation of principles of natural justice. Accordingly, I pass the following:
ORDER
respondent No.3 at Annexures-H and J are hereby quashed.
In view of disposal of the petition, pending I.As does not survive for consideration.
Sd/JUDGE
RKA
2 issues framed by the court
Whether withdrawal of Khata and demolition permission during a pending partition suit without court restraint violates natural justice.
Whether the High Court can quash administrative orders under Article 226 in absence of civil court restraint.
1 provisions across 1 enactments
Sri Chandrashekar H S/O Hemagiraiah
The State of Karnataka
The Director Directorate of Municipal Administration
The Commissioner City Municipal Council Ramanagara
Sri Suresha S/O Krishnappa
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
