- 1 - NC: 2025:KHC:15533 WP No. 3896 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3896 OF 2025 (LB-BMP) BETWEEN: 1. H R BHARATHI AGED ABOUT 44 YEARS W/O. MUNESH T., RESIDING AT NO.500, SRINIVASA NILAYA, CHOKKASANDRA, T. DASARAHALLI POST, BENGALURU - 560 057 PRESENTLY RESIDING AT NO.685, I MAIN ROAD, PANCHAJANYA, HMT LAYOUT NAGASANDRA POST, BENGALURU - 560 073. 2. SMT. SUMA, AGED ABOUT 43 YEARS, W/O.L.N.VENKATESH BABU, RESIDING AT NO.149, 10TH CROSS ROAD, I STAGE, INDIRANAGAR, BENGALURU 560 38 PRESENTLY RESIDING AT NO.470, BELAKU 1ST 'E' CROSS, 8TH MAIN, BASAVESHWARANAGAR, BENGALURU - 560 079. …PETITIONERS (BY SRI. SHIVARAMU H.C., ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15533 WP No. 3896 of 2025 AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU - 560 001. 2. THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, HEGGANAHALLI, WARD NO.71, BENGALURU - 560 091 3. PRAKASH H.R. AGED ABOUT 46 YEARS, S/O.LATE R. RANGASWAMY, RESIDING AT NO.1008, CANARA BANK BUILDING, GAJANANA NAGAR, HEGGANAHALLI MAIN ROAD, BENGALURU - 560 091. …RESPONDENTS (BY SRI. SUBRAMANI M.A., ADVOCATE FOR R1 AND R2 SRI. GANESH G.G., ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONSIDER THE APPLICATIONS DATED 13.09.2024 FILED BY THE PETITIONERS AT ANNX-B AND B1 AND ALSO REPRESENTATIONS DATED 22.11.2024 AT ANNX-C AND C1 FOR CHANGE OF KATHA IN RESPECT OF SCHEDULE-B AND SCHEDULE-C PROPERTIES IN FAVOUR OF THE PETITIONERS IN TERMS OF THE REGISTERED PARTITION DEED DATED 08.11.2017 PRODUCED AT ANNEXURE-A FORTHWITH NOTWITHSTANDING THE OBJECTION SAID TO HAVE BEEN FILED BY THE R-3 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:15533 WP No. 3896 of 2025 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have sought for a direction to the second respondent to consider the applications at B & B1 as also representations at Annexures-C & C1 for change of khatha in respect of schedule 'B' and 'C' properties in favour of the petitioners in terms of the registered partition deed dated 08.11.2017. 2. Learned counsel appearing for the second respondent submits that the application for change of khatha would be considered as is permissible in law and appropriate orders be passed within reasonable period of time. 3. Learned counsel for Respondent No.3 submits in terms of the registered partition deed, it was necessary that that on the eastern side, there is an kitchen attached to the Kalayana Mantapa, which was required to be removed after a period of four years and the said portion of property to be merged along with the private road and - 4 - NC: 2025:KHC:15533 WP No. 3896 of 2025 though all parties have agreed to such conditions, same has not been implemented. 4. Learned counsel for the petitioner submits that they would take the initiative to remove the kitchen referred to in the partition deed while seeking for a direction form the Court that the other parties to the registered partition deed would facilitate removal of the kitchen. 5. Learned counsel appearing for the private respondents submit that they would extend co-operation for removal of the said kitchen. 6. The said submission is taken on record. 7. In light of the above, once the kitchen is demolished with the co-operation of the other parties to the registered partition deed, the second respondent to consider application for change of khatha. The Respondent/BBMP to simultaneously consider the applications and representations of the petitioner for - 5 - NC: 2025:KHC:15533 WP No. 3896 of 2025 effecting the khatha in terms of the registered partition deed insofar as the property that has fallen to the share of the petitioners. Needless to state, in such process, if the respondents also make similar application, for transfer of khatha, the same may also be considered. 8. It is made clear that the petitioner and the other parties to adhere to the undertakings regarding removal of the kitchen. Accordingly, petition is disposed of. In the event of any difficulty in demolition, removal of the kitchen, parties are at liberty to move the Court for appropriate direction. The Respondents to consider and pass orders on the application of khatha within four weeks. Sd/- (S SUNIL DUTT YADAV) JUDGE DH List No.: 1 Sl No.: 49