A writ petition sought quashing of a panchayat resolution rejecting Form 11-B katha entries for two village properties claimed under an unregistered Gift Deed and a Hakku Patra of doubtful genuineness. The court declined to grant the katha and disposed of the petition, leaving the petitioner free to vindicate title.
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.
NC: 2024:KHC:45995 WP No. 24765 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24765 OF 2019 (LB-RES)
BETWEEN:
SRI H.B. BASAVARAJ S/O BANNAPPA, AGE 73 YEARS, PRESIDENT, MANASA GANGOTHRI VIDYALA GULIKALLU, KUDOOR HOBLI, MAGADI TALUK, RAMANAGARAM DISTRICT.
…PETITIONER
(BY SRI. HANUMANTHARAYAPPA K.,ADVOCATE)
AND:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:45995 WP No. 24765 of 2019
…RESPONDENTS
(BY SRI.RAHUL CARIAPPA., AGA FOR R1; SRI. B.J. SOMAYAJI, ADVOCATE FOR R2 AND R3; SRI. G.H. CHANNAGANGAIAH, ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION DATED 24.9.2018 PASSED BY THE R-4 AS CONTAINED UNDER ANNEXURE-D; DIRECT THE RESPONDENTS TO ISSUE 11-B KATHA IN RESPECT OF IMMOVABLE PROPERTIES BEARING KATHA NO.515 AND 541 SITUATED IN HULIKAL VILLAGE, KUDOOR HOBLI, MAGADI TALUK TO THE PETITIONER FORTHWITH.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
NC: 2024:KHC:45995 WP No. 24765 of 2019
ORAL ORDER
The petitioner, who asserts that he has purchased two properties in Nos.515 and 541 in Hulikallu Village, Kudoor Hobli, Magadi Taluk, Ramanagara District about two decades back, has called in question the fourth respondent’s decision dated 24.09.2018 [ as per Annexure-D ]. The fourth respondent in this decision, after referring to the earlier proceedings under Section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 in No.01/20181 has rejected the petitioner's request for revenue entries in Form No.11[B] for these properties.
1 This Appeal is disposed of on 02.04.2018
NC: 2024:KHC:45995 WP No. 24765 of 2019
fourth respondent has concluded that the Gift Deed dated 02.03.1990, which is executed by Smt. Puttamma wife of Sri Honnabasavaiah, does not confer any interest in the property, but it only empowers the petitioner to use the property and therefore would not be entitled to. The fourth respondent has opined that the Hakku Patra for the property in No.515 is issued without ascertaining whether the petitioner is a resident of the village and is entitled to such title. The learned counsel for the fourth respondent, in support of these reasonings, also states that a legal representative of Smt. Puttamma, wife of Sri Honnabasavaiah has filed objections against issuance of Katha to the petitioner.
3. Sri K Hanumantharayappa, the learned
counsel for the petitioner, proposes to rely upon a copy of the Gift Deed dated 02.03.1990 to assert that the fourth respondent could not have opined that the petitioner has no interest in the property in No.541,
NC: 2024:KHC:45995 WP No. 24765 of 2019
but the learned counsel fairly concedes that this document is an unregistered Gift Deed. If the petitioner proposes to rely on an unregistered Gift Deed and if there are objections by the person claiming under the Donor who has executed such a document, this Court must opine that the petitioner must seek declaration of title.
ORDER
The petition stands disposed of reserving
liberty to the petitioner to seek vindication of title to the property in No.541 and the
NC: 2024:KHC:45995 WP No. 24765 of 2019
genuineness of the Hakku Patra for the property in No.515. It is needless to observe that this liberty would be subject
to all just exceptions in law.
SD/(B M SHYAM PRASAD) JUDGE
AN/-
1 issue framed by the court
Whether the petitioner was entitled to Form 11-B katha revenue entries for properties based on an unregistered Gift Deed and a Hakku Patra whose genuineness is doubtful.
3 provisions across 2 enactments
Sri H.B. Basavaraj
State of Karnataka, Department of Panchayathraj Rural Development
Chief Executive Officer, Zilla Panchayat, Ramanagara District
Executive Officer, Taluk Panchayat, Magadi Taluk
Panchayat Development Officer, Hulikallu Grama Panchayat
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
