IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 54730 OF 2018 (LB-RES)

BETWEEN:

MR. MANJUNATH S/O MUNIYAPPAA AGED ABOUT 28 YEARS RESIDING AT MYAPURA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114 …PETITIONER (BY SRI. SOURABH R.K., ADVOCATE)

AND:

1. THE EXECUTIVE OFFICER HOSKOTE TALUK PANCHAYAT BENGALURU RURAL DISTRICT-562114 Digitally 2. PANCHAYAT DEVELOPMENT OFFICER signed by DODDANALLALA GRAMA PANCHAYAT SUMA HOSKOTE TALUK Location:

HIGH BENGALURU RURAL DISTRICT-562114 COURT OF KARNATAKA

3. SMT. SAKAMMA D/O LATE MUNIYAPPA AGED ABOUT 40 YEARS, RESIDING AT MYLAPURA VILLAGE JADAGENAHALLI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT BENGALURU-562114 …RESPONDENTS (BY SRI. M.S. DEVARAJU, ADVOCATE FOR RESPONDENT NOS.1 AND

2;

SRI. M. RAMA MOHAN, ADVOCATE FOR RESPONDENT NO.3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.11.2018 PASSED IN KA.NI.YA/TA.PAN.HO/O.S.

NO.14/2015-16, PRODUCED IN ANNEXURE-L.

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

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has challenged an order dated 14.11.2018 passed by respondent No.1 in Appeal No.(cid:1)ಾ . (cid:3) . ಯ / (cid:5)ಾ . ಪಂ . (cid:8)ೊ / (cid:11)ಾ(cid:12)ೆ ಸಂ(cid:14)ೆ(cid:15) /OS No-14/2015-16 filed under Section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.

2. (i) The facts in brief that are necessary for the purpose of considering this writ petition are that the property bearing Grama Tana No.26A of Doddanallala Gram Panchayat, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural District, was owned and possessed by one Muniyappa and his name was entered in the records of the Panchayat as the person responsible for payment of property tax. The said Muniyappa died on 28.12.2014. The respondent No.3 is the daughter of said Muniyappa. She claimed that her father Sri. Muniyappa had executed an unregistered gift deed dated 10.11.2014 and her four siblings had executed a confirmation deed dated 12.12.2015. Based on these documents, respondent No.3 made a request before the respondent No.2 to transfer khata to her name. The respondent No.2 issued an endorsement dated 21.01.2016 stating that the petitioner had raised objections against entering the name of respondent No.3 as there was no gift deed executed by Muniyappa. The respondent No.3 challenged the said endorsement before respondent No.1 in an appeal under Section 269 of the Act, 1993. The said appeal was allowed and the endorsement issued by the respondent No.2 was set aside and the respondent No.2 was directed to register the name of respondent No.3 in the property register.

(ii) Being aggrieved by the said order, the petitioner is before this Court.

3. The learned counsel for the petitioner submits that the possession of the property was always with the family of the petitioner and that at a partition dated 25.07.1964, the property in question fell to the share of father of respondent No.3. However, the father of respondent No.3 never took possession of the same and therefore, property was always in the possession of the petitioner's family and hence, they had perfected their title over the property by adverse possession. He contends that the respondent No.1 had entertained the request of the respondent No.3 for transferring her name in the khata based on an unregistered gift deed executed by her father and an unregistered confirmation deed executed by her siblings. He thus, contends that the impugned order passed by the respondent No.1 is not in accordance with law and appropriate remedy was to direct the respondent No.3 to approach the Civil Court and obtain a declaration.

4. Per contra, the learned counsel for respondent No.3 submits that the petitioner has admitted in the writ petition that the property in question fell to