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2025 DAILYLAW 15111 (KAR)

SRI ROHIT K REDDY v. THE CHIEF COMMISSIONER

WP/3285/2025 · 2025-06-17

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20826 WP No. 3285 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3285 OF 2025 (LB-BMP) BETWEEN: 1. SRI ROHIT K REDDY S/O SRI. KRISHNAPPA V R, AGED ABOUT 35 YEARS, RESIDING AT NO. 33, INDRA MAHAL, 5TH STAGE BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. 2. SMT. VEENA B K W/O LATE VENKATESH G.C., AGED ABOUT 53 YEARS, RESIDING AT PRAKRUTHI, 10TH CROSS, NEAR VEDAVIDYA PATASHALE, DEVARAJ URS ROAD, SARASWATHIPURAM, TUMAKURU - 572 105. DULY REPRESENTED BY HER POA HOLDER SRI. ROHIT K. REDDY. …PETITIONERS (BY SRI. NAGAIAH .,ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), HUDSON CIRCLE (CORPORATION CIRCLE), N.R. SQUARE, BENGALURU - 560 002. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20826 WP No. 3285 of 2025 2. THE ZONAL COMMISSIONER BBMP RAJARAJESHWARI NAGAR, OFFICE AT BHEL LAYOUT, IDEAL HOMES, KENCHENHALLI, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. 3. THE JOINT COMMISSIONER BBMP RAJARAJESHWARI NAGAR OFFICE AT BHEL LAYOUT, IDEAL HOMES, KENCHENHALLI, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. 4. THE REVENUE OFFICER BBMP RAJARAJESHWARI NAGAR, OFFICE AT BHEL LAYOUT, IDEAL HOMES, KENCHENHALLI, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. 5. ASSISTANT REVENUE OFFICER BBMP RAJARAJESHWARI NAGAR, WARD NO. 160, 3RD STAGE BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K S.,ADVOCATE FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) DIRECTING THE RESPONDENTS TO PROCESS THE PETITIONERS APPLICATION (ANNX-J) FOR ISSUANCE OF E- ASTHI (ELECTRONIC KHATHA) BEARING APPLICATION NO. K1013570, EPID. 9251474113, AND TO ISSUE THE E-ASTHI IN FAVOR OF THE PETITIONERS CONCERNING THE SUBJECT PROPERTY WITHIN A STIPULATED TIME FRAME AND ETC. - 3 - HC-KAR NC: 2025:KHC:20826 WP No. 3285 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned writ petition, the petitioner is seeking a direction in the nature of mandamus to the respondents to consider and process the application filed by the petitioner, as evidenced at Annexure–J, wherein a request is made for issuance of an Electronic Khatha in respect of the petitioner's property. The grievance of the petitioner is premised on the alleged inaction of the fifth respondent in not considering the said application. 2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 3. The petitioner, who is the third purchaser of the subject property, claims to have acquired valid title under a registered Sale Deed dated 24.05.2024. Based on the said deed, the petitioner submitted an application - 4 - HC-KAR NC: 2025:KHC:20826 WP No. 3285 of 2025 requesting issuance of an E-Khatha and has also remitted the betterment charges. The grievance of the petitioner is that, despite submitting a complete application supported by the title deed, the fifth respondent has failed to take any action. 4. The learned Standing Counsel appearing for BBMP has opposed the petition by contending that the subject property belongs to the State Government, and therefore, mutation cannot be effected. This objection is wholly misconceived and unsustainable. It is a settled position of law that in proceedings for change of khatha, the revenue authority does not exercise jurisdiction to adjudicate title disputes. The role of the revenue officer, either under the Karnataka Land Revenue Act or other municipal statutes, is limited to effecting mutation based on registered conveyance documents. This Court, in several judgments, has consistently held that a registered sale deed conveys valid title and the authorities are duty-bound to act upon - 5 - HC-KAR NC: 2025:KHC:20826 WP No. 3285 of 2025 such documents and effect khatha transfer, unless restrained by a competent court of law. 5. In the present case, the petitioner has produced the registered Sale Deed dated 24.05.2024 and supporting documents, including proof of payment of betterment charges by the previous owner. The fifth respondent, being the competent revenue officer, is therefore legally obligated to consider the petitioner’s application and process the same in accordance with law. Failure to act upon such a request, without any lawful justification, amounts to inaction warranting intervention of this Court under Article 226 of the Constitution of India. 6. For the reasons stated above, the following order is passed: i) The Writ Petition is allowed. ii) The fifth respondent is directed to consider the petitioner’s application, as evidenced at Annexure–J, and pass appropriate orders in - 6 - HC-KAR NC: 2025:KHC:20826 WP No. 3285 of 2025 accordance with law, having due regard to the registered Sale Deed and other supporting documents. iii) The said exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE DH List No.: 1 Sl No.: 6