Point of Law: Assessment list in respect of a vacant land - It is trite law that an order passed by a quasi judicial authority determining the rights of the parties should contain reasons, as reasons would reflect application of mind.

ORDER :

These writ petitions arise out of a common grievance of the claim of the petitioner for entering of his name in the khata of the property bearing khata No.160 measuring 150’x100’, situated in K.R.Sagara, Belagola Hobli, Srirangapatna Taluk, Mandya District.

2. Writ Petition No.12222/2018 is filed by one V.Harish who claims to be the son of one Smt.Sowbhagya who had claimed that the property afore-mentioned was hers and despite the order of the Executive Officer of Taluk Panchayat, the Gram Panchayat is refusing to register/re-enter khata in the name of the petitioner which always stood, according to the petitioner, in the name of his mother.

3. Writ Petition No.9233/2021 is filed by the Krishnarajasagar Gram Panchayat challenging the very order which directed registration of khata in favour of the petitioner in Writ Petition No.12222/2018 -the companion writ petition.

4. Facts in brief as borne out from the pleadings are as follows:

The Government by two notifications dated 30.08.1979 and 30.06.1998 declared Krishnarajasagar to be a notified area and constituted Krishnarajasagar Notified Area Committee. The notification dated 30.06.1998 declared Krishnarajasagar notified area as Krisnarajasagar Gram Panchayat area. At that point in time, the name of one Smt.Sowbhagya had been entered into the assessment list in respect of a vacant land measuring 150’x100’, which according to the Gram Panchayat was without any resolution. The Gram Panchayat cancelled the entry in the assessment list of Smt.Sowbhagya by a resolution dated 08.09.2008. This cancellation by the afore-said resolution became subject matter of an appeal under Section 237(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as the ‘Act for short). The appeal filed before the President of the Srirangapatna Taluk Panchayat was allowed on 06.02.2009 directing restoration of khata in favour of the petitioner/claimant.

5. The petitioner also filed a suit in O.S.No.172/2010 against the Panchayat seeking relief of permanent injunction. The said suit came to be decreed on 31.07.2012 directing restraint upon the Gram Panchayat to interfere with the peaceful possession of the petitioner. A Regular Appeal against the said order was filed by the Gram Panchayat which also came to be dismissed. After the aforesaid proceedings, representations were given by the petitioner to enter his name in the khata of the subject property. This was rejected by the Gram Panchayat on 17.06.2015. This rejection became a subject matter of writ petition before this Court in W.P.No.13588/2014. The writ petition came to be disposed by an order of this Court dated 29.01.2016 directing the petitioner to approach the Competent Authority under Section 269 of the Act. The petitioner preferred an appeal before the Appellate Authority under Section 269 of the Act calling in question the endorsement issued by the Gram Panchayat dated 17.06.2015. The Gram Panchayat filed its objections before the Executive Officer hearing the appeal raising several grounds as also the jurisdiction to entertain the said appeal. This appeal was allowed by the Executive Officer by his order dated 07.09.2017.

6. In the interregnum, the development with regard to the suit that was filed by the petitioner/claimant as stated hereinabove is that it had been decreed. The Regular Appeal against the said decree in R.A.No.45/2013 was dismissed by the first Appellate Court on 12.02.2018 against which, the Gram Panchayat has preferred a Regular Second Appeal before this Court in R.S.A.No.1280/2018, which is yet to come up for its admission.

7. The petitioner has filed W.P.No.12222/2018 seeking a direction at the hands of this Court to the respondent-Gram Panchayat to enter his name in the assessment register/khata of the subject property. After issuance of notice in the said writ petition, the Gram Panchayat has preferred the companion writ petition No.9233/2021.

8. Heard Sri.K.N.Nitish, leaned counsel appearin