K M Mahadeva Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

K M Mahadeva Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No relief granted; writ petition dismissed subject to reserved liberty to the petitioner to seek recovery of possession by a separate suit or by amending the prayer in the pending suit O.S. No.88/2018, and to seek declaration of entitlement over the land.

Issue for consideration

Whether Annexures-E and F - the order dated 26.03.2018 issued by Respondent No. 6 indicating that the land was gramathana land required for establishing a burial ground, together with the direction to hand over possession and the refusal of katha registration - ought to be quashed.

Court's answer

Since the petitioner has admittedly been dispossessed after issuance of the impugned notice and the land is being used as a burial ground, the prayer sought for in the writ petition would not survive for consideration.

Key takeaways

Liberty is reserved to the petitioner to seek recovery of possession by filing a separate suit or by amending the prayer in the pending suit, and also to seek a declaration regarding his entitlement over the said land; questions of possession and title were thereby left open for the civil court.obiter¶44

Detailed headnote1 paragraphs

Constitutional Law - Articles 226/227 - Writ against panchayat raj authorities (LB-RES) - Petitioner sought quashing of Annexures-E and F, i.e., the order dated 26.03.2018 issued by the Chief Executive Officer, Taluk Panchayath (R-6) indicating that the suit land was gramathana land required for establishing a burial ground, and the consequential call upon him to hand over possession along with refusal of katha registration. It was undisputed that the petitioner had a pending suit, O.S. No.88/2018, against the Grama Panchayath for injunction over the property he claimed to have purchased. Counsel for the petitioner candidly admitted that after the impugned notice the petitioner had in fact been dispossessed and the land was being used as a burial ground. Holding that on that view the prayer would not survive for consideration, N S Sanjay Gowda J dismissed the writ petition (order dated 15.01.2025), while expressly reserving liberty to the petitioner to seek recovery of possession by filing a separate suit or by amending the prayer in the pending suit, and to seek declaration of his entitlement over the land. Pending interlocutory applications stood disposed of.

1 - NC: 2025:KHC:1398 WP No. 1234 of 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE N S SANJAY GOWDA

WRIT PETITION NO. 1234 OF 2020 (LB-RES)

BETWEEN:

K M MAHADEVA

S/O. LATE. MACHEGOWDA, KAGGLIPURA VILLAGE, SOSALE HOBLI,

T. NARASIPURA TALUK, MYSORE DISTRICT 571124

…PETITIONER

(BY SRI. KUMARA K G., ADVOCATE)

AND:

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATH RAJ DEVELOPMENT, VIKAS SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU 560001.

THE DISTRICT COMMISSIONER MYSORE DISTRICT, MYSORE 570001.

THE ASSISTANT COMMISSONER MYSORE 570001.

THE THASHILDAR

T. NARASIPURA TALUK,

T. NARASIPURA 571124.

THE CHIE EXECUTIVE OFFICER ZILLA PANCHAYATH,

2 - NC: 2025:KHC:1398 WP No. 1234 of 2020

MYSORE DISTRICT 570001.

THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYATH, T. NARASPURA TALUK 571124.

THE SECRETARY, SOMANATHAPURA GRAM PANCHAYATH SOMANATHAPURA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK 571124.

THE PANCHAYATH DEVELOPMENT OFFICER, SOMANATHAPURA GRAM PANCHAYATH, SOSALE HOBLI, T.NARASIPURA TALUK-571 124.

…RESPONDENTS

(BY SRI. BOPAMMA BELLIAPPA., AGA FOR R-1 TO R-4; SRI. B.J.SOMAYAJI., ADVOCATE FOR R-5 TO 8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ORDER DATED 26.03.2018 ISSUED BY THE R-6 VIDE ANNEXURE-E TO THE WRIT PETITION, ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

The prayer in this Writ Petition is to quash Annexures E and F.

Under Annexures-E and F, the Authorities have indicated that the land in question was a gramathana

3 - NC: 2025:KHC:1398 WP No. 1234 of 2020

land and was required for the purpose of establishing a burial ground.

In fact, under Annexure-F, the petitioner has been called upon to hand over possession and his request for registering the katha in his name has also been refused.

It is not in dispute that the petitioner had preferred a suit in O.S. No.88/2018 against the Grama Panchayath seeking for a decree of injunction in respect of the property that he claimed to have purchased.

It is also clear from the pleadings in the said suit that the notice which is impunged in this Writ Petition is alleged to be illegal, unjust against the rule of law.

Learned counsel for the petitioner candidly admits that after the issuance of the impugned notice, the petitioner has, in fact, been dispossessed and the land is being used as a burial ground.

4 -

NC: 2025:KHC:1398 WP No. 1234 of 2020

In that view of the matter, the prayer sought for in this Writ Petition would not survive for consideration.

However, liberty is reserved to the petitioner to seek for recovery of possession by either filing a separate suit or by amending the prayer in the pending suit and also seek for declaration regarding the petitioner’s entitlement over the said land.

Subject to the above liberty, this Writ Petition is dismissed.

In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.

Sd/(N S SANJAY GOWDA) JUDGE

HNM

List No.: 1 Sl No.: 16