High Court quashed the order allowing a second appeal directing petitioners to prove title before Civil Court, finding the authority lacked jurisdiction to entertain the appeal without a Panchayat resolution.
The impugned order dated 06.07.2013 passed by Respondent No.5 is quashed.
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.
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 102049 OF 2015 (LB-RES)
BETWEEN:
(BY SRI. SHIVARAJ BALLOLI, ADVOCATE)
AND:
SAROJA HANGARAKI
Location: HIGH COURT OF KARANTAKA DHARWAD BENCH
R/O. MUDALGI, TAL: GOKAK, DIST: BELAGAVI-591307.
GRAM PANCHAYAT KALLOLI TAL: GOKAK, DIST: BELAGAVI-591307 (SINCE UPGRAGED FROM GRAM PANCHAYAT TO TOWN PANCHAYAT)
…RESPONDENTS
(BY SRI. V. SHIVARAJ HIREMATH, ADV. FOR R6; R1-R5 & R7 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE ORDER DATED 06.07.2013 PASSED BY 5TH RESPONDENT IN NO/G. PA MA/ADAYKSHARU/APPEAL NO.15/1213 VIDE ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
and the learned counsel for the respondent No.6.
to quash the order passed by respondent No.5 06.07.2013 vide Annexure-B and also issue any other writ or direction as deemed fit in the circumstances of the case.
the records, found that the entries are made in absence of resolution passed by the respondent No.7 and rightly allowed the appeal and set aside the impugned entries. The present petitioners appeared in the matter and contested the proceedings and specifically contended that petitioner No.1 is the legally wedded wife of deceased Mahadev Kadakbhavi and respondent No.1 cannot claim to
be the wife of deceased Mahadev since the alleged marriage is void. The petitioners also contended that they are in exclusive possession of the properties in question. Respondent No.5 having recorded finding that respondents No.1 to 4 could not have got their name entered to the property in question in absence of resolution by the respondent No.7, Gram Panchayat, however proceeded to allow the appeal, directing the present petitioners to establish their right before the competent Civil Court.
served unrepresented. However, counsel appears on
behalf of respondent No.6-Taluka Panchayat.
case, when the claim was made by the petitioners before respondent No.6 that the names of respondents No.1 to 4 entered in the documents of respondent No.7 is erroneous and respondent No.6 comes to the conclusion that without passing of any resolution by the respondent No.7 ought not to have entered the names of respondents No.1 to 4 and passed an order. It is important to note that respondent No.5 also ought not to have entertained any second appeal under Section 269(2) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 and respondent No.5 proceeded to entertain the second appeal without any jurisdiction and respondent No.6 having considered the material on record particularly taking note of the fact that there is no resolution being passed, the names of respondents No.1 to 3 have been entered in the revenue records and rightly comes to the conclusion that
the same ought not to have been entered without any resolution.
the following:
ORDER
The writ petition is allowed.
NC: 2024:KHC-D:12582 WP No. 102049 of 2015
Impugned order passed by respondent No.5 dated
06.07.2013 vide Annexure-B is hereby quashed.
Sd/(H.P.SANDESH) JUDGE
SH CT-MCK List No.: 1 Sl No.: 47
2 issues framed by the court
Whether the order allowing the second appeal directing petitioners to establish title before Civil Court is maintainable.
Whether the lower authority erred in entertaining the second appeal without a resolution by the Gram Panchayat.
1 provisions across 1 enactments
Parvatewwa
Ningawwa
Gourawwa
Saroja Hangaraki
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
