- 1 - NC: 2025:KHC:10364 WP No. 5121 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5121 OF 2025 (BDA) BETWEEN: SRI. M. JAYARAM AGED ABOUT 69 YEARS, S/O. H. MAYANNA GOWDA, NO.24, 3RD CROSS, BANGIYAPPA GARDEN, SHANTHINAGAR, WILSON GARDEN, BANGALORE-560 027. …PETITIONER (BY SRI. S.B. MUKKANNAPPA, ADVOCATE) AND: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. 2. THE CHIEF EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY, KENGERI BDA COMPLEX, MYSORE ROAD, BANGALORE -560 060. 3. THE COMMISSIONER, BBMP, JC ROAD, NR SQUARE, BANGALORE -560 002. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10364 WP No. 5121 of 2025 4. THE REVENUE OFFICER, BBMP, CHANDRA LAYOUT, WEST ZONE/REGION, BANGALORE-560 040 …RESPONDENTS (BY SRI. GOWTHAMDEV C ULLAL, ADVOCATE FOR R1 & R2; SRI. PAWAN KUMAR, ADVOCATE FOR R3 & R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO ISSUE NO OBJECTION CERTIFICATE TO THE PETITIONER IN RESPECT OF SITE NO. 152 OF KEMPAPURA AGRAHAR LAYOUT FORMED BY THE SOCIETY AND THE SAME HAS BEEN PURCHASED BY THE PETITIONER FROM THE SOCIETY UNDER A REGISTERED SALE DEED DATED. 13.12.2006 AT ANNEXURE-F BY ISSUING A TIME BOUND DIRECTION TO THE RESPONDENTS UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner submits that the issue stands squarely covered by a decision of the Co- ordinate Bench of this Court in the case of DR. R. GANESH VS. THE BANGALORE DEVELOPMENT AUTHORITY & ORS., in W.P.No.57689/2018, dated 30.11.2021. The petitioner therein was similarly constrained to approach this Court since the respondent - BBMP had directed the petitioner to - 3 - NC: 2025:KHC:10364 WP No. 5121 of 2025 secure a 'No Objection Certificate' at the hands of the BDA for registration of the khatha. The petitioner therein was also a member of the Vyalikaval House Building Co- operative Society and he was allotted a site by the Society, similar to the petitioner herein. When the petitioner sought for registration of the khatha in the register of the BBMP, such directions were issued. This Court considered the relevant provisions, namely, Sub- section 6 of Section 149 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (hereinafter referred to as 'the Act of 2020' for brevity), and held that a plain reading of the said provision would make it clear that while considering the application under Section 149 of the Act of 2020, for transfer of khatha, if the building or land belonging to the BDA or Karnataka Housing Board or any local authority has been delivered to any person, in pursuance of any grant, allotment or lease, consultation of the Board or local authority would be necessary. However, if the transfer is not at the hands of the BDA or Karnataka Housing Board or any other local authority, the - 4 - NC: 2025:KHC:10364 WP No. 5121 of 2025 question of such certificate being obtained at the hands of BDA or Karnataka Housing Board or any local authority, would not arise. 2. Consequently, respondent No.4 - Revenue Officer of the BBMP is hereby directed to consider the application of the petitioner for issuance of khatha in respect of site No.152 of Kempapura Agrahara Layout formed by the Vyalikaval House Building Co-operative Society, without insisting for 'No Objection Certificate' from BDA, in accordance with law. The entire exercise shall be completed as expeditiously as possible and at any rate, within a period of two months from the date of receipt of copy of this order. 3. Petition is accordingly disposed of. SD/- (R DEVDAS) JUDGE RD