01Facts
The petitioner claimed revenue entries over land in Survey No. 221/2 on the basis of a 1981 Panchayat Parikath concerning allotments among his father and his father’s brothers.
pp. 3–7Smt. Jayamma, wife of one of the brothers, challenged the entries under Section 237 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (“the Act”), and an order dated 29 May 2017 cancelled the entries in the petitioner’s favour.
pp. 3–7The petitioner successfully challenged that order in an earlier writ petition; the High Court quashed it and observed that Jayamma could appeal to the Executive Officer under Section 269 of the Act.
pp. 5–6Jayamma’s children subsequently pursued proceedings under Section 269. The Executive Officer then made the impugned order directing the Grama Panchayat to verify Jayamma’s legal heirs and extend the benefit of the revenue entries to them.
pp. 3–7The judgment and operative order identify the impugned order as dated 29 August 2025, although the petition’s prayer refers to 30 August 2025.
pp. 3–702Issues
i.Whether the Executive Officer’s order should be interfered with because it did not give cogent reasons for deciding who was entitled to the revenue entries.
p. 3 · pp. 6–7ii.Whether the proceedings should be restored to the Executive Officer for reconsideration after obtaining and examining the necessary material.
pp. 6–803Law Applied
Section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, provides the relevant appellate route to the Executive Officer in relation to the Panchayat proceedings at issue; the High Court had previously indicated that Jayamma could pursue that remedy.
pp. 5–6The Executive Officer, when deciding between competing claims to revenue entries, must consider the relevant material and provide cogent reasons for the decision.
p. 7The Court also directed that any further challenge to the decision made on reconsideration should be pursued under Section 9 of the Code of Civil Procedure, 1908, before the competent Court of Original Civil Jurisdiction.
p. 8Provisions in the judgment · 1 · Linked ones open on LawLens
Code of Civil Procedure, 1908 Section 9
04Reasoning
Although the Executive Officer had referred to the history of the dispute, the order did not give reasons for deciding who— the petitioner or Jayamma’s children—should receive the benefit of the revenue entries.
pp. 6–7In the circumstances, the Executive Officer should have called for the relevant details from the Panchayat and assessed the material before reaching a reasoned conclusion. That failure warranted interference, but the Court considered remittal for reconsideration, rather than determining entitlement itself, to be appropriate.
pp. 6–705Holding
The petition was allowed in part, and the impugned order was quashed; the proceedings were restored for reconsideration.
p. 8The petitioner was directed to appear before the Executive Officer on 27 October 2026. The Executive Officer must issue fresh hearing notices to the private respondents and the Panchayat Development Officer, obtain the necessary Panchayat records, and decide in accordance with law who is entitled to the revenue entries.
p. 8Any further challenge to that decision is to be brought under Section 9 CPC before the competent civil court.
p. 8Original Court PDF
SHRI B S RAVINDRA BABUvsTHE EXECUTIVE OFFICER
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