AKKAYAMMA Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) The petitioner is aggrieved of the impugned endorsement dtd. 19/6/2023 issued by the second respondent-Panchayat Development Officer, Kalalughatta Gram Panchayat, Tyamagondlu Hobli, Nelamangala Taluk.

(2.) The petitioner being the wife of late Sri Gangappa filed an application on 16/6/2023 seeking transfer of khata in her name, in respect of immovable property bearing Khaneshumari No.43/47 measuring 100 x 110 ft. situated at Arivesandra Village. The petitioner had stated in the application that earlier the khata was standing in the name of her husband late Sri Gangappa and Sri Gangappa having passed away, she along with her children are entitled to have the khata transferred in their name. The petitioner has two children who are minors in age and therefore along with genealogical tree an affidavit was furnished to the Panchayat Development Officer requesting for transfer of khata. However, the second respondent-Panchayat Development Officer issued the impugned endorsement and called upon the petitioner to furnish the documents to show the correct measurement of the property in question and for that purpose, furnish the mother deed and all other original documents within a period of seven days. It was also stated that respondents No.3 to 5 herein had raised objections regarding the measurement of the property claimed by the petitioner which was earlier standing in the name of her husband and therefore, the records have to be produced by the petitioner.

(3.) Learned Counsel for the petitioner submits that Rule 12 of the Karnataka Panchayat Raj (Grama Panchayats Taxes and Fees) Rules, 1994, (hereinafter referred to as the Rules, 1994) provides that where the owner of any building or land assessed to tax dies, his heirs who succeed to the property shall, within two months from the date of death of such person give notice of the same to the Grama Panchayat. This is the only requirement in terms of the provision. Therefore, no other objection could have been entertained by the Panchayat Development Officer at the hands of respondent No.3 to 5 herein. On the other hand, it is submitted that endorsement should have been given to respondents No.3 to 5 directing them to approach the competent authority to redress their grievance.