Writ appeal challenging a Single Judge order restoring khatha entries for village properties. Court held khatha/revenue entries are for fiscal purposes only, do not confer title, and title or possession disputes must be settled in civil suit; dismissed the appeal.
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NC: 2024:KHC:32768-DB WA No. 761 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND
THE HON'BLE MR. JUSTICE K V ARAVIND WRIT APPEAL NO. 761 OF 2024 (LB-RES)
BETWEEN:
…APPELLANT
(BY SRI VINOD PRASAD, ADVOCATE)
AND:
Digitally signed by PRABHAKAR SWETHA KRISHNAN
Location: High Court of Karnataka
…RESPONDENTS
NC: 2024:KHC:32768-DB WA No. 761 of 2024
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE ORDER PASSED IN WP NO.50329/2019 DATED 18/03/2024 BY HON’BLE SINGLE JUDGE.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and
HON'BLE MR JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Vinod Prasad for the appellant.
any dispute about possession and title of the property, and that all such disputes should be necessarily adjudicated in civil proceedings in the nature of civil suit.
3.1 Learned Single Judge, however, considered the facts in totality to observe that the petitioner had the advantage of revenue entries in relation to the properties in question ( e-khatha Nos.161 and 162) from 1993-94.
3.2 It was a material circumstance, observed learned Single, Judge that the revenue entries had been standing in favour of the petitioner for long time and the khatha for the properties could not have been altered unless the parties get their rights crystallised in civil proceedings.
parties which are to be determined by taking recourse to civil proceedings in a duly instituted suit.
In view of disposal of the appeal, the interlocutory application
would not survive and it stands accordingly disposed of.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/-
(K V ARAVIND) JUDGE
CR, List No.: 1 Sl No.: 11
1 issue framed by the court
Could the revenue authority adjudicate title/possession disputes while altering khatha entries in its appellate jurisdiction under the Panchayat Raj Act?
2 provisions across 2 enactments
Smt. Susheellamma W/o. Late B.C. Ramakrishne Gowda
The Executive Officer Taluk Panchayat Nagamangala Mandya District
The Panchayat Development Officer Bindiganavile Village Panchayat
Sri B.C. Shivarame Gowda
N. V. Anjaria
K V Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
