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2025 DAILYLAW 13561 (KAR)

SRI G N BALARAJ v. THE STATE OF KARNATAKA

WP/4150/2019 · 2025-01-21

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:2508 WP No. 4150 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4150 OF 2019 (LB-RES) BETWEEN: 1. SRI G N BALARAJ S/O LATE C NARAYANAPPA AGED ABOUT 46 YEARS, GORAVIGERE VILLAGE KANNAMANGALA POST BIDARAHALLI HOBLI, BANGALORE-560115 …PETITIONER (BY SRI. BABU D R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY FOR REVENUE, MULTISTORIED BUILDING BENGALURU-560 001 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT BENGLAURU (NORTH) -560 001 3. THE ASSISTANT COMMISSIONER BENGALURU DISTRICT BENGLAURU (NORTH) -560 001 4. THE TAHSILDHAR AND SECRETARY KRISHNARAJAPURAM BENGALURU EAST TALUK BENGALURU-560016 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2508 WP No. 4150 of 2019 5. PANCHAYATH DEVELOPMENT OFFICER DODDABAHANAHALLI GRAM PANCHAYATH KANNAMANGALA POST BANGALORE-560115 …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1 TO R-4; SRI. M.S.DEVARAJU., ADVOCATE FOR R-5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS FOR DIRECTION FOR R-5 TO ENTER THE NAME OF PETITIONER IN KHATHA OF FORM NO.9 AND FORM NO.11 IN RESPECT OF PROPERTY AS PER ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed seeking a mandamus to direct the 5th respondent to register the khatha in the name of the petitioner and issue form Nos.9 and 11. 2. A prayer is also sought for issuance of a mandamus to direct the 4th respondent to entertain the application filed on 22.12.2017 as per Annexure-F. 3. Learned counsel for the petitioner points out that an endorsement has already been issued as per - 3 - NC: 2025:KHC:2508 WP No. 4150 of 2019 Annexure-E in which it is stated that E-khatha cannot be registered in the name of the petitioner in view of the Government guidelines. However, neither the Government guidelines nor the exact reason is specified in the endorsement. 4. It is noticed from the record that the khatha in respect of property in question is stated to have been standing in the name of the uncle of the petitioner i.e., Muniyappa as per Annexure-B. It is stated that the petitioner and Muniyappa’s children i.e., petitioner’s cousins have entered into registered Partition Deed on 23.08.2017 and the property in question was allotted to the petitioner and consequently, the khatha would have to be transferred from his uncle’s name i.e., Muniyappa to petitioner’s name. 5. In my view, since the petitioner is staking a claim for registration of khatha on the basis of registered Partition Deed and if the contention of the petitioner - 4 - NC: 2025:KHC:2508 WP No. 4150 of 2019 is correct that the khatha in respect of the property in question was standing in the name of petitioner’s uncle, obviously, the respondents would have to consider his claim on the basis of registered Partition Deed and pass necessary orders. I am therefore of the view that it would be appropriate to direct the 5th respondent to consider the claim of the petitioner on the basis of registered Partition Deed keeping in mind that the khatha is alleged to have been standing in the name of petitioner’s uncle i.e., Muniyappa. This exercise shall be completed within two months from the date of receipt of a copy of this order. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 61