- 1 - NC: 2025:KHC:12686 WP No. 10477 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 10477 OF 2024 (LB-BMP) BETWEEN: 1. SRI A J PRATHAP KUMAR S./O LATE A.S. JANARDHAN GUPTA, AGED ABOUT 75 YEARS, R/O FLAT NO.402, B BLOCK, TEMPLE BELLS APARTMENT, KENCHNAHALLI, IDEAL HOMES, RAJARAJESHWARI NAGARA, BENGALURU DISTRICT - 560 098. 2. SRI C R CHANNABASAPPA, S/O LATE RAJAPPA, AGED ABOUT 72 YEARS, R/O NO.34 RAGHAVENDRA TEMPLE STREET, 1ST CROSS, NAGARABHAVI 2ND STAGE, BENGALURU NORTH, BENGALURU DISTRICT - 560 072 … PETITIONERS (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND: 1. THE JOINT COMMISSIONER YELAHANKA DIVISION, BYATRAYANAPURA, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12686 WP No. 10477 of 2024 BRUHAT BENGALURU MAHANAGAR PALIKE BENGALURU DISTRICT - 560 092. 2. THE ASSISTANT REVENUE OFFICER YELAHANKA SUB DIVISION, BRUHAT BENGALURU MAHANAGAR PALIKE BENGALURU DISTRICT - 560 092 3. SRI PARAMESHWARAPPA G V S/O SRI VEERABHADRAPPA G S., AGED ABOUT 55 YEARS R/O NO. 188, 6TH A MAIN ROAD, A SECTOR, YELAHANKA NEW TOWN, BENGALURU DISTRICT - 560 064. … RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R1 & R2; R3 - SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND QUASH THE ORDER PASSED BY THE R-1 IN NO. BBMP/JAM.A(YA.VA)PR/F665/2023-24ARO(YNT/85) DTD 15.02.2024 VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 3 - NC: 2025:KHC:12686 WP No. 10477 of 2024 ORAL ORDER The petitioners have called in question the correctness of the order at Annexure-'A' dated 15.02.2024, whereby the respondent - Bruhat Bengaluru Mahanagara Palike (BBMP) has passed the order to the effect that the case of petitioners for registration of Khatha would be considered only after necessary order is obtained from the Court. 2. It is the case of the petitioners that the petitioners have purchased the property bearing No.188- MIG, 1st Stage, Yelahanka New Town Extension, Bengaluru from one Gurupreet Singh through the Sale Deed dated 17.04.2023. 3. It is the case of the petitioners that there have been certain disputes between the petitioners' vendor and respondent No.3, and the respondent No.3 has filed a private complaint in PCR No.7399/2023 against the petitioners' vendor. - 4 - NC: 2025:KHC:12686 WP No. 10477 of 2024 4. It is further submitted that till date, there is no proceedings by respondent No.3 against the petitioners' vendors. It is further submitted that respondent - BBMP ought to have effected Khatha on the basis of the registered Sale Deed, copy of which is enclosed at Annexure-'B' which was executed on 17.04.2023 in favour of petitioners by his vendor. 5. It is contended that the impugned order calling upon the petitioners to obtain order from the Court and only after which the application for Khatha would be considered cannot stand the legal scrutiny. 6. Heard both the parties. 7. It is to be noticed that the petitioners have called in question the correctness of the order at Annexure-'A' dated 15.02.2024, whereby it is observed that the petitioners' request for change of Khatha would be considered after orders are obtained from the Civil - 5 - NC: 2025:KHC:12686 WP No. 10477 of 2024 Court. It is not in dispute that the petitioners have Sale Deed executed in their favour on 17.04.2023. 8. The respondent No.3 claims to be the beneficiary of the Agreement of Sale executed by the petitioners' vendor. However, there is no material produced to indicate either that proceedings have been instituted for specific performance of the Agreement in favour of respondent No.3 nor is there any order of restraint against the respondent - BBMP. 9. Mere pendency of criminal proceedings in the nature of Private Complaint would not have the effect of tying the hands of respondent - BBMP. In the absence of any order of restraint on the respondent - BBMP, the respondent - BBMP is obliged to take note of the registered Sale Deed executed on 17.04.2023 and effect necessary entries in the Khatha, if other formalities are complied with. - 6 - NC: 2025:KHC:12686 WP No. 10477 of 2024 10. Accordingly, the order at Annexure-'A' dated 15.02.2024 is set aside. The respondent - BBMP to take appropriate steps to consider the request of petitioners in light of the observations made hereinabove within a period of six weeks from the date of receipt of certified copy of the order. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR