2026 Supreme(Online)(Kar) 4801
THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
SRI SANJEEV RAO – Appellant
Versus
THE PRINCIPAL SECRETARY – Respondent
WP 31578/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.31578 OF 2025 (LB-RES)
BETWEEN:
SRI SANJEEV RAO S/O. LATE APPAJI RAO AGED ABOUT 79 YEARS W/AS EX-SERVICEMAN RESIDING AT NO.104
7TH ‘A’ CROSS, SRK NAGAR BENGALURU-560 077 …PETITIONER (BY SRI VINAY S. N., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, M. S. BUILDING BENGALURU-560 001
2. THE CHIEF EXECUTIVE OFFICER Digitally signed ZILLA PANCHAYATH BHAVAN by SHWETHA RAMANAGARA DISTRICT RAGHAVENDRA Location: HIGH PRESENTLY BENGALURU SOUTH DISTRICT-562 159 COURT OF KARNATAKA
3. THE TALUK EXECUTIVE OFFICER TALUK PANCHAYATH N E S BAVANA, MAGADI BENGALURU SOUTH DISTRICT-562 120
4. THE PANCHAYATH DEVELOPMENT OFFICER BITTASANDRA GRAM PANCHAYATH SOLUR HOBLI, MAGADI TALUK BENGALURU SOUTH DISTRICT-562 127 …RESPONDENTS (BY SRI BOPPANNA BELLIYAPPA, A.G.A., FOR R-1; SRI M. S. DEVARAJU, ADVOCATE FOR R-2 TO R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM 4TH RESPONDENT IN SAM.B.GRA.PAN./ SWATHU/2025-2026 DATED 20.06.2025 AFTER PERUSAL AND QUASH THE IMPUGNED “ENDORSEMENT” ISSUED BY 4TH RESPONDENT IN SAM.B.GRA.PAN./SWATHU/2025-2026 DATED 20.06.2025 MARKED AS ANNEXURE-A, BY ALLOWING WRIT PETITION AS PRAYED FOR.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs;
a. Call for entire records from 4th respondent in SAM.B.GRA.PAN./SWATHU/2025-2026 dated
20.06.2025 after perusal, b. Issue “WRIT OF CERTIORARI” by quashing the impugned “ENDORSEMENT” issued by 4th respondent in SAM.B.GRA.PAN./SWATHU/2025- 2026 dated 20.06.2025 Marked as Annexure-A, by allowing Writ Petition as prayed for.
c. To issue such other writ or direction as this Hon’ble court deems fit to grant under the circumstances of the writ petition, in the ends of justice and equity.
2. The property bearing Kaneshmari No.74/108 was earlier belonging to one Smt.Lakshmamma W/o late Narasimaiah of Kuppe Mala Village, Bittasandra Gram Panchayath. The said Smt.Lakshmamma along with her two daughters viz., Smt.Gangamma and Smt.Sarojamma sold the said property in favour Sri.Siddaraju S/o late Siddalingaiah under a registered sale deed dated 20.11.2007.
3. The said Sri.Siddarju in turn sold the same property to the petitioner under registered sale deed dated 14.08.2008. Subsequent thereto, the petitioner has been making payment of taxes and tax paid receipts have been produced.
4. The grievance of the petitioner is that on the petitioner having approached respondent No.4 to issue e-Katha in the name of the petitioner, an endorsement has been issued at Annexure-A stating that since the katha still stands in the name of Smt.Lakshmamma and not been transferred in the name of Sri.Siddaraju, the e-Katha cannot be issued in favour of the petitioner. It is challenging the same, that the petitioner is before this the Court seeking for the aforesaid reliefs.
5. The submission of Sri.Vinay.S.N., learned counsel for the petitioner is that;
5.1. All the sales having occurred by way of registered sale deeds, the petitioner has been continuously paying taxes from the year 2008 till date. The petitioner being in possession of the property, merely because the vendor of the petitioner had not obtained a khatha in his name, cannot be a ground for denial of e-khatha to the petitioner.
5.2. He underscores the point that sales have occurred by way of registered documents and that there is no other claimant to the said property.
5.3. His submission is that there cannot be a denial of e-khatha when there is no other claimant and, as such, he submits that the endorsement which has been issued is completely malafide and not sustainable.
6. Sri.M.S.Devaraju., learned counsel appearing for re