- 1 - NC: 2025:KHC:11190 WP No. 3217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3217 OF 2025 (LB-BMP) BETWEEN: SRI. ANJINE GOWDA S/O LATE NARAYANAPPA AGED BOAUT 60 YEARS, R/AT NO.334, RAMA MANDIR ROAD, KODIGENAHALLI VILLAGE, BANGALORE - 92. …PETITIONER (BY SRI. CHOKKAREDDY., ADVOCATE) AND: 1. STATE OF KARNATAKA REPTS BY PRINCIPLE SECRETARY, URBAN DEPARTMENT, M.S.BUILDING, AMBEDKHAR BEEDHI, BANGALORE - 560 001. 2. JOINT COMMISSIONER YELAHANKA ZONE - BBMP, BYATARAYANAPURA, BANGALORE - 560 092. 3. ASSISTANT REVENUE OFFICER BYATARAYANAPURA - SUB-DIVISION, BYATARAYANAPURA - BBMP, BANGALORE - 560 092. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11190 WP No. 3217 of 2025 4. REVENUE INSPECTOR WARD NO.8, BBMP, THANISANDRA, BANGALORE - 560 024. 5. ASSISTANT DRIECTOR OF TOWN PLANNING YELANKA ZONE - BBMP, BYATARAYANAPURA, BANGALORE - 92. 6. ASSISTANT EXECUTIVE ENGINEER KODIGENAHALLI SUB-DIVISION, DEFENCE COLONY, 9TH MAIN RAOD, SAHAKARA NAGAR, BANGALORE - 560 092, 7. SMT. SUJATHA W/O SRI ESHWAR.B.S, AGED ABOUT 46 YEARS, R/AT NO.102, HUTTING COLONY, INDIRA NAGAR 1ST STAGE, BANGALORE - 36. 8. SRI ESHWAR.B.S S/O SHIVAPPA, AGED ABOUT 33 YEARS R/AT NO.102, HUTTING COLONY, INDIRA NAGAR 1ST STAGE, BANGALORE - 36. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 SRI B.S.KARTHIKEYAN, ADVOCATE FOR R2 TO R6 SRI VIJAYA KUMARA, ADVOCATE FOR R7 AND R8) - 3 - NC: 2025:KHC:11190 WP No. 3217 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE- A, DATED.20-01-2025, PASSED BY THE RESPONDENT NO.2. IN BBMP /JAM.A(YA.VA)PR/ KATHEYICHARANE/A.R.O/ (BYA.PU.HU.VI) 1653/15/2024-25 UNDER SECTION 150 OF BBMP ACT 2020 IN RESPECT OF SY.NO.43/2 PROPERTY NO.1062, SITUATED AT DASARAHALLI VILLAGE, WARD NO.6, TRANSFER B KATHA NO.43/2/1062 TO A KATHA NO.201/5683/43/2/1062, MEASURING EAST TO WEST. 60 FEET, NORTH TO SOUTH. 40 FEET, BY ALLOWING THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has challenged the order at Annexure - A passed by the Joint Commissioner, Yelahanka Zone, BBMP. In terms of the order dated 20.01.2025, the appeal stated to have been filed by the petitioner herein has been disposed off. 2. During the course of hearing of the matter, it was pointed out by the learned counsel appearing for BBMP that against the order of grant of Khata to the respondent, - 4 - NC: 2025:KHC:11190 WP No. 3217 of 2025 appeal under Section 150 would lie to the Chief Commissioner by way of review. 3. Section 150 of the BBMP Act, 2020 reads as follows: "150. Review by the Chief Commissioner.- Where the Chief Commissioner, either suomotu or otherwise, after such enquiry as he considers necessary is satisfied that any transfer of title under section 149 was got recorded in the Corporation register by fraud, misrepresentation, or suppression of facts or by furnishing false, incorrect or incomplete material, he may within a period of three years from the date of such recording of transfer of title reopen the case and pass such order with respect thereto as he thinks fit: Provided that, no such order shall be made except after giving the person likely to be affected thereby a reasonable opportunity of being heard." 4. In light of the same, the order at Annexure - A passed by the Joint Commissioner is one without jurisdiction as rightly pointed out by the counsel appearing for the respondent - BBMP. Accordingly, the Chief Commissioner under Section 150 is to hear the appeal stated to have been filed by the petitioner. - 5 - NC: 2025:KHC:11190 WP No. 3217 of 2025 5. Needless to state that the petitioner, as well as the contesting respondents are required to be afforded an opportunity of hearing. Accordingly, the order at Annexure - A is set aside and matter remanded for fresh disposal in terms of the observations made. 6. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 58