Disposed¶40

Smt. H R Shanthamma v. the Chief Officer

Karnataka HC17 Oct 2025WP/7351/2025

Case brief

AI extract

What is this about?

Premature writ petition against khata-cancellation show-cause notice; reply already filed, so challenge deferred until authority decides. Keywords: khata cancellation; Annexure-J; TMC/KA.SHA/CR/71/2024/25; Town Municipality Magadi; Education Department property claim; M.L.A. direction; compound wall permission; writ petition No.43470/2019; Articles 226 and 227; LB-RES; Karnataka High Court 2025.

What did the court decide?

Petition disposed off, directing respondent No.1 to consider the petitioners' reply and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a certified copy of the order; the petitioners may thereafter take appropriate steps in accordance with law. The impugned notice itself was not quashed. ¶40

Smt. H R Shanthamma Vs the Chief Officer — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners were justified in approaching this Court against the show-cause notice dated 08.01.2025 before respondent No.1 passed any order on their reply thereto. +1 more

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Court's answer

Having responded to the notice, the petitioners had accepted the authority of respondent No.1; unless respondent No.1 passed an order, the petitioners were not justified in approaching this Court, i.e., the writ petition was premature.

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Ratio / Principle

The petition was disposed of by directing respondent No.1 to consider the reply submitted by the petitioners and pass appropriate orders in accordance with law within two months from receipt of a certified copy of the order; the petitioners may thereafter take appropriate steps in accordance with law.

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Detailed headnote1 paragraphs

Karnataka High Court at Bengaluru (R. Nataraj, J., oral order dated 17.10.2025), W.P. No. 7351 of 2025 (LB-RES): Writ petition under Articles 226 and 227 of the Constitution challenging a show-cause notice (Annexure-J) dated 08.01.2025 issued by the Chief Officer, Town Municipality, Magadi, calling upon the petitioners to reply why the khata registered in their names (over property bearing khata No.389/1849/1/1734/1) should not be cancelled, allegedly on the direction of an M.L.A. and on the claim that the property belonged to the Education Department. Held: the petitioners, having already submitted their reply to the notice, had accepted the authority of respondent No.1, and approaching the writ Court before any order was passed was not justified. The petition was disposed of, directing respondent No.1 to consider the reply and pass appropriate orders in accordance with law within two months of receiving a certified copy of the order, after which the petitioners may take appropriate steps in accordance with law.

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1 - NC: 2025:KHC:41572 WP No. 7351 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7351 OF 2025 (LB-RES)

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BETWEEN:

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SMT. H.R. SHANTHAMMA W/O. SRI. K.N.DAYANANDA MURTHY, AGED ABOUT 57 YEARS,

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SRI. D. RUPENDRA KUMAR S/O K.N. DAYANANDA MURTHY, AGED ABOUT 39 YEARS,

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BOTH ARE RESIDING AT, SRI VYBHAVALAKSHMI NARASIMHA NILAYA, NO.6/2, 7^TH MAIN, CHENNIGAPPA LAYOUT, VRUSHABHAVATHINAGARA, KAMAKSHIPALYA, BENGALURU-560079

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…PETITIONERS

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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(BY SRI. KSHITIJ M.P., ADVOCATE FOR SRI. NAGAIAH, ADVOCATE)

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AND:

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THE CHIEF OFFICER, TOWN MUNICIPALITY, MAGADI, RAMANAGARA DISTRICT, RAMANAGARA-562120.

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THE BLOCK EDUCATIONAL OFFICER, MAGADI TALUK, RAMANAGARA DISTRICT, RAMANAGARA-562120.

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THE HEAD MASTER HIGHER PRIMARY SCHOOL, KALYA GATE, MAGADI TOWN,

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2 - NC: 2025:KHC:41572 WP No. 7351 of 2025

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HC-KAR

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RAMANAGARA DISTRICT, RAMANAGARA-562120

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…RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO.TMC/KA.SHA/CR/71/2024/25 DATED 08.01.2025 VIDE ANNEXURE-J ISSUED BY RESPONDENT NO.1.

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

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioners have challenged a notice bearing No.ಪ�

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�ಾ�ಾ/ಕಂ.�ಾ/�ಆ�/71/2024-25 dated 08.01.2025 issued by the respondent No.1.

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The petitioners claimed that they are the owners in possession and enjoyment of the property bearing khata No.389/1849/1/1734/1 PID No.16-502-6A situate at ward No.14, Magadi Town Municipality, Kalya Gate, B.K. Road, Magadi, having purchased it in terms of a sale deed dated 28.03.2019. The sale deed was later rectified on 12.10.2023. The respondent No.1 had registered the names of the petitioners in the property register on 31.05.2024 and that the

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3 - NC: 2025:KHC:41572 WP No. 7351 of 2025

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HC-KAR

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petitioners have paid the property tax as on 17.05.2024. They thereafter sought permission from the respondent No.1 for construction of a compound which was granted on 25.07.2019. Subsequently, the respondent No.1 issued the impugned notice cancelling the permission granted to the petitioners for construction of compound wall. The petitioners challenged the same in writ petition No.43470/2019. This Court in terms of an order dated 25.11.2022, disposed of the petition reserving liberty to the petitioners to make fresh application after obtaining necessary correction / rectification in the deed of sale and in the khata entries as required and as pointed out in the said order and on such application being filed by the petitioners, the respondent – Authority was directed to consider and grant permission to put up compound wall as sought for by them. In the meanwhile, the Special Land Acquisition Officer, Ramanagara District, Ramanagara, had issued a notice to the petitioners stating that 600 Sq. ft. of the petitioners’ property is notified for expansion of the State Highway. The respondent No.1 had issued a property confirmation certificate dated 18.07.2019 and 17.10.2011 confirming that the petitioners are the present owners of the property.

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NC: 2025:KHC:41572 WP No. 7351 of 2025

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HC-KAR

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When things stood thus, the respondent No.1 issued a notice dated 08.01.2025 to the petitioners stating that the property in question belonged to the Education Department and that a Member of Legislative Assembly (M.L.A), who is the President of the Karnataka Road Development Corporation Limited, had directed the respondent No.1 to cancel the khata made out in the names of the petitioners. The petitioners were therefore called upon to reply along with the relevant documents within the time stipulated therein. The petitioners have submitted their reply. The petitioners contend that their father belongs to a political party and that he was ill-disposed towards the present M.L.A and therefore, in order to wreak vengeance, the M.L.A had directed the respondent No.1 to cancel the khata . He, therefore, prays that the impugned notice be set at nought.

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I have considered the submissions of the learned counsel for the petitioners.

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The petitioners have challenged a notice issued by the respondent No.1 in terms of which, the petitioners were called upon to furnish their reply as to why the khata that stood

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5 - NC: 2025:KHC:41572 WP No. 7351 of 2025

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HC-KAR

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in their names should not be cancelled. The petitioners have responded to the said notice. However, before respondent No.1 could pass an order, the petitioners have rushed to this Court challenging the notice. Once the petitioners have responded to the notice, they have accepted the authority of the respondent No.1 and therefore, unless respondent No.1 passed an order, the petitioners were not justified in approaching this Court.

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Hence, the Petition is disposed off directing the respondent No.1 to consider the reply submitted by the petitioners and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a certified copy of this order. The petitioners may thereafter take appropriate steps in accordance with law.

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Sd/(R. NATARAJ) JUDGE

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SMA/List No.: 1 Sl No.: 28

Procedural history

How this case reached the court

AI extract

Order under challenge
Show-cause notice bearing No.TMC/KA.SHA/CR/71/2024/25 dated 08.01.2025 (Annexure-J) issued by respondent No.1 calling upon the petitioners to reply why the khata registered in their names should not be cancelled, following an alleged direction by an M.L.A. and a claim that the property belonged to the Education Department.¶21
Respondent No.1 (The Chief Officer, Town Municipality, Magadi) · 08.01.2025
Prior proceeding
Petitioners purchased the property (khata No.389/1849/1/1734/1, PID No.16-502-6A, ward No.14, Magadi Town Municipality) under a sale deed dated 28.03.2019, later rectified on 12.10.2023.¶27
Prior proceeding
Respondent No.1 registered the petitioners' names in the property register on 31.05.2024.¶27
Prior proceeding
Petitioners had paid the property tax as on 17.05.2024.¶30
Prior proceeding
Petitioners sought permission from respondent No.1 for construction of a compound, which was granted on 25.07.2019.¶30
Prior proceeding
Respondent No.1 subsequently issued a notice cancelling the permission granted to the petitioners for construction of compound wall.¶30
Prior proceeding
Petitioners challenged the cancellation in writ petition No.43470/2019; this Court disposed of that petition by order dated 25.11.2022.¶30
Prior proceeding
Order dated 25.11.2022 reserved liberty to the petitioners to make a fresh application after obtaining necessary correction / rectification in the deed of sale and in the khata entries as required.¶30
Prior proceeding
On such fresh application being filed, the respondent-Authority was directed to consider and grant permission to put up compound wall as sought for by the petitioners.¶30
Prior proceeding
Respondent No.1 had issued property confirmation certificates dated 18.07.2019 and 17.10.2011 confirming the petitioners as present owners of the property.¶30
Prior proceeding
The Special Land Acquisition Officer, Ramanagara District, had issued a notice stating that 600 Sq. ft. of the petitioners' property is notified for expansion of the State Highway.¶30
Prior proceeding
Respondent No.1 issued the notice dated 08.01.2025 stating that the property in question belonged to the Education Department.¶34
Prior proceeding
By the said notice the petitioners were called upon to reply along with the relevant documents within the time stipulated therein.¶34
Prior proceeding
The notice recorded that a Member of Legislative Assembly (President of the Karnataka Road Development Corporation Limited) had directed respondent No.1 to cancel the khata made out in the names of the petitioners.¶34
Prior proceeding
Petitioners contended that the M.L.A. directed the cancellation to wreak vengeance because their father belongs to a political party and was ill-disposed towards the present M.L.A.¶34
Prior proceeding
The petitioners submitted their reply to the notice.¶34

Smt. H R Shanthamma v. the Chief Officer

Case brief

What is this about?

What did the court decide?

Smt. H R Shanthamma v. the Chief Officer

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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