Partly allowed

Pushpa Narasimhan v. Appellate Authority and Executive Officer

Karnataka HC12 Sept 2022WP/4443/2021

Case brief

AI extract

What is this about?

This writ petition challenged the setting aside of a khata registration via Section 269 appeal, alleging violation of natural justice due to lack of notice. The court quashed the impugned order, remanded the matter, and restored the khata. #35. Property rights.

What did the court decide?

The impugned order is quashed. Matter remanded to respond for reconsideration with notice. Khata restored forthwith pending appeal outcome.

Pushpa Narasimhan Vs Appellate Authority and Executive… — Property and Title | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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W.P.NO.4443 OF 2021 (LB-RES)

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BETWEEN :

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PUSHPA NARASIMHAN. W/O LATE TS LAKSHMINARASIMHAN AGED ABOUT 53 YEARS, VAISHNAVI FARM, MALLARABANAWADI VILLAGE, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 123.

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...PETITIONER

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(BY SMT. SUPRIYA S. KULKARNI, ADVOCATE FOR SRI. RAGHU. H, ADVOCATE)

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AND :

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APPELLATE AUTHORITY & EXECUTIVE OFFICER, TALUK PANCHAYATH, NELAMANGALA, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT-562 130.

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PANCHAYATH DEVELOPMENT OFFICER SOMPURA VILLAGE PANCHAYATH, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 111.

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S.S. VENKATESH PRESIDENT, JANA JAGRUTHI VEDIKE, NO.60, 3RD BLOCK,

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SONDEKOPPA VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 130.

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...RESPONDENTS

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(BY SRI. M.S. DEVARAJU, ADVOCATE FOR R1 & R2; R3- SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND CALL FOR THE RECORDS IN CASE NO.VPC NO.16/2020-21 ON THE FILE OF R1 APPELLATE AUTHORITY AND EXECUTIVE OFFICER, NELAMANGALA TALUK PANCHAYATH AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The e-khata registered in favour of the petitioner in respect of property bearing No.150300701600920749 old Nos.534/547/138, 139, 140, 141, 142, 143, 144, 145, 146, 147/2 situated at Sompura village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District was challenged by respondent No.3 before the respondent No.1 by filing the appeal under Section 269 of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993, alleging that subject property belongs to the Government. Respondent No.1 by impugned order set aside the khata registered in favour of the petitioner. Against which the present petition is filed.

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2. Learned counsel for the petitioner submits that

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the impugned order passed by the respondent No.1 is without issuance of notice to the petitioner and same is in violation of principles of natural justice. She further submits that the documents on record clearly indicates that the subject property belongs to the petitioner and not to the Government and on the said ground, the impugned order passed by respondent No.1 to be quashed.

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Learned counsel appearing for respondent Nos.1 and 2 submits that the property belongs to the Muzrai Department and respondent No.1 after considering all the materials on record has rightly passed the impugned order and same does not call for interference and sought for dismissal of the writ petition.

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I have considered the submission made by the learned counsel for the parties.

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5. It is undisputed that the khata in respect of the

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subject property was standing in the name of the petitioner. Hence, respondent No.1 before passing an order on an appeal

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filed by respondent No.3 was required to issue notice to the petitioner. The impugned order passed by the respondent No.1 without issuing notice to the petitioner, has adversely affected the rights of the petitioner and the same is in violation of principles of natural justice. Accordingly, I, pass the following:

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ORDER

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(1) The impugned order dated 18.01.2021 passed by respondent No.1 in case No.VPC.No.16/2021 at Annexure A is hereby quashed.

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(2) Matter is remanded to the respondent No.1 to reconsider the complaint/ appeal filed by respondent No.3 and pass appropriate order in accordance with law, within a period of three months from the date of appearance of the interested parties.

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(3) Petitioner and respondent Nos.2 and 3 to appear before respondent No.1 on 26.09.2022 without awaiting further notice from respondent No.1.

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(4) Khata to be restored in favour of the petitioner forthwith and the same is subject to the outcome of the appeal.

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(5) It is made clear that the restoration of Khata shall not confer any right on the petitioner to alienate the subject property, till disposal of the appeal.

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All contentions are kept open.

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Sd/JUDGE

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Pushpa Narasimhan v. Appellate Authority and Executive Officer

Case brief

What is this about?

What did the court decide?

Pushpa Narasimhan v. Appellate Authority and Executive Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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