- 1 - NC: 2025:KHC:2856 WP No. 17358 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 17358 OF 2018 (LB-BMP) BETWEEN: 1. H V AMRUTH KUMAR 788, 13TH MAIN, 4TH STAGE, T.K. LAYOUT, SARASWATHIPURAM, MYSORE - 570009. MOB:9731096439. …PETITIONER (BY SRI. H V AMRUTH KUMAR., PETITIONER (PARTY-IN-PERSON)) AND: 1. THE COMMISSIONER BBMP, BRUHAT BANGALORE MAHANAGARA PALIKE, HEAD OFFICE, CORPORATION CIRCLE, HUDSON CIRCLE, BANGALORE - 560002. PH. 22221188. 2. THE BANGALORE CITY POLICE COMMISSIONER NO.1, INFANTRY ROAD, SHIVIJI NAGAR, BANGALORE - 560001. 3. THE ASSISTANT EXECUTIVE ENGINEER BESCOM C2 SUB-DIVISION, MALLESWARAM, BANGALORE - 560003. …RESPONDENTS (BY SRI. H DEVENDRAPPA., ADVOCATE FOR R-1; SMT. SPOORTHI.V., HCGP FOR R-2; SRI. V.N.MURTHY., ADVOCATE FOR R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., BY PARTY IN PERSON AND Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2856 WP No. 17358 of 2018 PRAYING TO ADMIT THE CASE AND PASS NECESSARY ORDERS AND ISSUE A WRIT OR MANDAMUS OR OTHER WRITS, OR ORDERS OR DIRECTIONS ORDERING AND DIRECTING THE RESPONDENTS, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this Writ Petition is for a direction to respondent No.1 to cancel the katha executed in favour of the petitioners’ ancestral property. 2. The party, who appears in person submits that the larger extent of property measuring 45ft. x 100ft. was owned by Sri.V.C. Rangaswami Iyengar, who had bequeathed this property to his son Cheluvaraja Iyengar, his daughter Nirjamma and another daughter Kumada. 3. He submits that under this registered Will dated 18.11.1969, it has also been stated that if any property had been left over, the same would stand bequeathed to Anandamma and Indiramma. - 3 - NC: 2025:KHC:2856 WP No. 17358 of 2018 4. In my view, since the petitioner is claiming that he has succeeded to the property from his predecessor who had succeeded to the property by virtue of the bequest, he would have to necessarily establish his entitlement to the property by instituting a proper suit and he cannot challenge the registration of the katha. 5. If the petitioner were to institute an appropriate suit and seek for an appropriate declaration regarding his entitlement of the property, it is obvious that the katha that has now been entered will have to abide by the result of such a suit. Subject to the above, Writ Petition is dismissed. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM, List No.: 1 Sl No.: 38