Case Note & Summary
The dispute pertains to property bearing Khata No.160 measuring East-West 150 feet and North-South 100 feet situated in K.R.Sagara, Belagola Hobli, Srirangapatna Taluk, Mandya District. Sri V. Harish (petitioner in WP 12222/2018) claimed ownership and possession of the property and sought change of khata in his name from the Grama Panchayat. The Grama Panchayat refused the khata change. Aggrieved, Harish filed an appeal before the Executive Officer, Taluk Panchayat, Srirangapatna, under Section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The Executive Officer, by order dated 07.09.2017 in Appeal No.TPS 3/2015-16, allowed the appeal and directed the Grama Panchayat to change the khata in favour of Harish. Despite this order, the Grama Panchayat did not implement it. Harish then filed WP 12222/2018 seeking a direction to implement the Executive Officer's order and also to change khata. Meanwhile, the Grama Panchayat filed WP 9233/2021 challenging the Executive Officer's order. The High Court heard both petitions together. The Court noted that the Grama Panchayat had no authority to refuse implementation of the appellate order. The Court held that the khata change is a ministerial act based on possession and revenue records, and the Panchayat cannot sit in appeal over the Executive Officer's order. The Court dismissed the Grama Panchayat's writ petition and allowed Harish's petition, directing the Grama Panchayat to implement the Executive Officer's order and change khata within four weeks.
Headnote
A) Panchayat Law - Khata Change - Section 269 of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Executive Officer's Appellate Order - The Grama Panchayat refused to change khata in favour of the petitioner despite the Executive Officer's order in appeal directing such change. The High Court held that the Grama Panchayat cannot sit in appeal over the Executive Officer's order and must implement it. The khata change is a ministerial act based on possession and revenue records. (Paras 1-10) B) Writ Jurisdiction - Maintainability - Articles 226 and 227 of Constitution of India - The Grama Panchayat's writ petition challenging the Executive Officer's order was dismissed as the order was passed in appeal under Section 269 of the Act and the Panchayat had no locus to challenge it. The Court held that the Panchayat cannot be aggrieved by its own appellate authority's order. (Paras 11-15)
Issue of Consideration
Whether the Grama Panchayat can refuse to change khata in favour of the petitioner despite the Executive Officer's appellate order directing such change, and whether the Grama Panchayat's writ petition challenging the Executive Officer's order is maintainable.
Final Decision
The High Court dismissed WP 9233/2021 filed by the Grama Panchayat and allowed WP 12222/2018 filed by Sri V. Harish. The Court directed the Grama Panchayat to implement the Executive Officer's order dated 07.09.2017 and change khata of the property in favour of Harish within four weeks.
Law Points
- Grama Panchayat cannot refuse khata change if applicant is in possession and has revenue entries
- Executive Officer's appellate order under Section 269 of Karnataka Gram Swaraj and Panchayat Raj Act
- 1993 is binding
- Writ Court cannot sit as appellate authority over Executive Officer's order
- Khata change is ministerial act based on possession and revenue records
