Shri. B. Vivekananda Rao Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Shri. B. Vivekananda Rao Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to avail the statutory remedy of appeal under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 against the endorsement dated 13.01.2025; if the appeal is filed within four weeks, benefit of Section 14 of the Limitation Act, 1963 (time spent before the writ court excluded for limitation).

Issue for consideration

Whether the writ petition under Articles 226 and 227 challenging the endorsement refusing khata transfer is maintainable when the endorsement is appealable under Section 269(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. +1 more

Court's answer

Since the endorsement dated 13.01.2025 declining transfer of khata is appealable under Section 269(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, the present writ petition is held to be not maintainable.

Ratio / Principle

The writ petition stands disposed of, reserving liberty to the petitioner to avail the statutory remedy of appeal available under the provisions of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.

Key takeaways

If the petitioner files the appeal within four weeks from the date of receipt of a copy of the order, he shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, and the time spent in the writ petition shall be excluded for the purpose of limitation.ratio¶29

Detailed headnote1 paragraphs

Writ Petition (LB-RES) - Maintainability - Alternative statutory remedy. A single-judge Bench of the High Court of Karnataka held that the writ petition challenging the endorsement dated 13.01.2025 issued by respondent No.2-Gram Panchayat, Kottagalu, refusing transfer of khata in respect of Site Nos. 13/4 and 72/27, was not maintainable because the endorsement is appealable under Section 269(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The writ petition was disposed of, reserving liberty to the petitioner to pursue the statutory appeal, with a direction that if the appeal is filed within four weeks, the petitioner shall get the benefit of Section 14 of the Limitation Act, 1963, i.e., the time spent in the writ petition shall be excluded for the purpose of limitation.

1 -

NC: 2025:KHC:23513 WP No. 13968 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JULY, 2025 BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13968 OF 2025 (LB-RES)

BETWEEN:

SHRI. B. VIVEKANANDA RAO S/O. B. SHIVARAMA RAO, AGED ABOUT 68 YEARS, RESIDING AT NO. 289, 2^ND MAIN, BEHIND AVALAHALLI BDA PARK, GIRI NAGAR, BENGALURU SOUTH, BANASHANKARI 3^RD STAGE, BENGALURU-560 085.

…PETITIONER

(BY SRI. PRAKASH TIMMANNA HEBBAR., ADV.)

AND:

Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.

GRAM PANCHAYAT, KOTTAGALU, KOTTAGALU VILLAGE, BIDADI ROAD, KANAKAPURA, KARNATAKA-562 117.

…RESPONDENTS

(BY SRI. K. KENCHE GOWDA, AGA FOR R1, SRI. M.S. DEVARAJ, ADV. FOR R2.)

2 - NC: 2025:KHC:23513 WP No. 13968 of 2025

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED 13.01.2025 ISSUED BY THE RESPONDENT NO.2 (VIDE ANNEXURE-A) BEARING NO. KoGraaPum/Him/224/2024-25 WHICH ARBITRARILY DENIES KHATHA TRANSFER AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The endorsement dated 13.01.2025 bearing No. No.PÉÆUÁæ¥ÀA/»A/2024-25 issued by respondent No.2, whereby

the request for transfer of khata in favour of the petitioner in respect of Site Nos. 13/4 (Khata No.152900200600420342) and 72/27 (Khata No.15290200600420345) has been declined, is appealable under Section 269(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. In that view of the matter, the present writ petition is held to be not maintainable.

Accordingly, the writ petition stands disposed of, reserving liberty to the petitioner to avail the statutory

3 -

NC: 2025:KHC:23513 WP No. 13968 of 2025

HC-KAR

remedy of appeal available under the provisions of the said Act.

If the petitioner files such an appeal within a period of four weeks from the date of receipt of a copy of this order, he shall be entitled to seek benefit of Section 14 of the Limitation Act, 1963, and the time spent in the present writ petition shall be excluded for the purpose of limitation.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

SSD List No.: 1 Sl No.: 12