- 1 - NC: 2025:KHC:6350 WP No. 26467 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 26467 OF 2018 (LB-BMP) BETWEEN: 1. THE R.B.I. STAFF AND OTHERS CO OPERATIVE HOUSING SOCIETY LTD REPRESENTED BY ITS SECRETARY NO.541/A, RBI LAYOUT, JP NAGAR 7TH PHASE, BANGALORE-560078 …PETITIONER (BY SRI. BASAVARAJAIAH N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RERPESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT(BBMP) VIDHANA SOUDHA, BENGALURU-560001 2. BENGALURU DEVELOPMENT AUTHORITY REP BY THE COMMISSIONER HEAD OFFICE KUMAR KRUPA PARK EAST T CHOWDAIAH ROAD, BENGALURU-560020 3. BENGALURU BRUHAT MAHANAGARA PALIKE REP BY THE COMMISSIONER BMP, HEAD OFFICE, BENGALURU-560001 4. THE JOINT COMMISSIONER BBMP, BOMMANAHALLI RANGE BENGALURU-560068 5. SMT SHANTHA KOM LATE B H VENAKTESH R/O NO.5/6, KANAKAPURA MAIN ROAD Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6350 WP No. 26467 of 2018 YELACHENAHALLI J P NAGAR 7TH PHASE BENGALURU-560078 6. PADMA BIN LATE B V HANUMANTHAPPA R/O NO.125, 7TH MAIN 42ND CROSS, 5TH BLOCK JAYANAGAR, BENGALURU-560041 7. RATNA BIN LATE B V HANUMANTHAPPA R/O NO.125, 7TH MAIN 42ND CROSS, 5TH BLOCK JAYANAGAR, BENGALURU-560041 8. SAROJA BIN LATE B V HANUMANTHAPPA R/O NO.125, 7TH MAIN 42ND CROSS, 5TH BLOCK JAYANAGAR, BENGALURU-560041 9. B K MAHESH BIN LATE B H KRISHNAMURTHY R/O NO.125, 7TH MAIN 42ND CROSS, 5TH BLOCK JAYANAGAR, BENGALURU-560041 10. SMT GEETHA BIN LATE B H KRISHNAMURTHY AGE:MAJOR R/O NO.125, 7TH MAIN 42ND CROSS, 5TH BLOCK JAYANAGAR, BENGALURU-560041 11. SMT JAYASHREE BIN LATE B H KRISHNAMURTHY AGE:MAJOR R/O NO.125, 7TH MAIN 42ND CROSS, 5TH BLOCK JAYANAGAR BENGALURU-560041 12. MEGHA SHAM BIN B K MAHESH AGE:MAJOR R/O NO.125, 7TH MAIN 42ND CROSS, 5TH BLOCK JAYANAGAR - 3 - NC: 2025:KHC:6350 WP No. 26467 of 2018 BENGALURU-560041 13. YADHUSHREE BIN B K MAHESH AGE:MAJOR R/O NO.125, 7TH MAIN 42ND CROSS, 5TH BLOCK JAYANAGAR, BENGALURU-560041 14. B S MURALIDHAR BIN LATE B H SHREENIVASMURTHY, AGE:MAJOR R/O YADAVA FARM KONANAKUNTE(PO) BENGALURU-560062 15. SRI B S HEMANTHKUMAR S/O LATE B H SREENIVASA MURTHY R/O NO.5/6, KANAKAPURA MAIN ROAD YELACHENAHALLI J P NAGAR 7TH PHASE BANGALORE-560078 16. B S DEVENDRAKUAMR BIN LATE B H SHREENIVASMURTHY R/O YADAVA FARM KONANAKUNTE(PO) BENGALURU-560062 17. B S BHARATHI D/O LATE B H SHREENIVASMURTHY R/O YADAVA FARM KONANAKUNTE(PO) BENGALURU-560062 18. B S BAHMINI LATE B H SHREENIVASMURTHY R/O YADAVA FARM KONANAKUNTE(PO) BENGALURU-560062 19. SHWETHA BIN MURULIDHAR R/O YADAVA FARM KONANAKUNTE(PO) BENGALURU-560062 20. DHIVYA BIN MURULIDHAR - 4 - NC: 2025:KHC:6350 WP No. 26467 of 2018 R/O YADAVA FARM KONANAKUNTE(PO) BENGALURU-560062 21. SUPRIYA BIN B S HEMANTHKUMAR R/O NO.5/6 KANAKAPURA MAIN ROAD YELACHENAHALLI J P NAGAR 7TH PHASE BENGALURU-560078 22. HARSHITHA B S HEMANTHKUMAR R/O YADVA FARM KONANAKUNTE(PO) BENGALURU-560062 23. MUKESH BIN B S DEVENDRAKUMAR R/O YADVA FARM KONANAKUNTE(PO) BENGALURU-560062 (BEFORE THE LOWER COURT THE R-5 TO 14 AND 16 TO 23 ARE REPRESENTED BY GPA HOLDER B S HEMANTHKUMAR THE 15TH RESPONDENT) 24. SHRI BOMMANAN BIN CHIKKAHUCHAPPA AGE:MAJOR R/O PUTTENAHALI J P NAGAR BENGALURU-78 DELETED VIDE ORDER DATED 29.11.2018 25. JANAB MOHAMED NAZEER AHMED BIN MOHMED HAYATH NO.41 H SIDDHAIAH ROAD SUBBARAJU HULAKOLLA GARDEN M D NILE ENTERPRISES BENGALURU-27 26. RAJESH KUMAR BIN LATE SHRI BABURAM - 5 - NC: 2025:KHC:6350 WP No. 26467 of 2018 NO.10, HARIKUNJ 2ND STAGE BASAVESHWARANAGAR BENGALURU-79 …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1; SRI. K.KRISHNA., ADVOCATE FOR R-2; SRI. K.V.MOHAN KUMAR., ADVOCATE FOR R-3 & R-4; SRI.M.K.SHIVARAJU., ADVOCATE FOR R-5 TO R-23; VIDE ORDER DATED 29.11.2018, R-24 IS DELETED; VIDE ORDER DATED 10.01.2025, NOTICE TO R-25 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE COSTITUTION OF INDIA., PRAYING TO QUASH THE INTERIM ORDER PASSED BY THE R-4 DATED:24.8.2013 WHICH IS HEREWITH PRODUCED AS ANNEXURE-K, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed challenging the interim order granted by the Joint Commissioner whereby the Joint Commissioner has directed to register the Khata in the name of respondent Nos.5 to 19. 2. The Joint Commissioner has essentially directed the registration of Khata in the name of the - 6 - NC: 2025:KHC:6350 WP No. 26467 of 2018 aforementioned respondents by way of interim measure. 3. While entertaining this writ petition, this Court has granted an interim order on 06.12.2018 staying the operation of the impugned order. Thus, by virtue of this interim order, the Khata has not been registered in the name of the aforementioned respondents. 4. It is stated by the learned counsel appearing for respondent Nos.5 to 19 that they have instituted a suit in O.S. No.6432/2023 seeking for a declaration and they have the benefit of an interim order in the said suit. 5. It is therefore clear that the entitlement of the aforementioned respondents would be decided in the said suit, and it is thereby obvious that until there is a declaratory decree in favor of the aforementioned respondents, there cannot be Khata registered in the name of the respondents. - 7 - NC: 2025:KHC:6350 WP No. 26467 of 2018 6. In the result, the impugned order is set aside and the authorities are directed to await the decision by the Civil Court in O.S. No.6432 of 2023. 7. It is made clear that the authorities shall ultimately be bound by the decree that may be passed in the aforementioned suit. 8. If the suit is decreed in favour of the aforementioned respondents, it is needless to state that the Khata will have to be registered in their name. 9. Subject to the above, the writ petition is allowed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 48