- 1 - NC: 2025:KHC:4162 WP No. 10141 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10141 OF 2021 (LB-RES) BETWEEN: 1. SRI R KEMPARAJU S/O K RAJANNA AGEDA BOUT 50 YEARS RESIDING AT GANGADARAPURA 2ND DIVISION (OLD 4TH WARD) OPP. VAKKALIGARA KALYANAMANTAPA DODDABALLAPURA-561203 …PETITIONER (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: 1. THE REGIONAL COMMISSIONER BENGALURU DIVISION B M T C BUILDING, 2ND FLOOR SHANTHINGARA, BENGALURU-560035 2. THE COMMISSIONER CITY MUNICIPAL CORPORATION DODDABALLAPURA-561203 3. SMT RANGAMMA W/O LATE V THIMMAIAH AGEDA BOUT 68 YEARS R/AT NO.143 NEAR CARMEL JYOTHI HIGH SCHOOL GANGADARAPURA, 2ND WARD DODDABALLAPURA-561203 4. SRI P JAGADISH S/O PAPANNACHAR AGEDA BOUT 37 YEARS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4162 WP No. 10141 of 2021 R/AT NO.2440 NEAR BASAVABHAVANA SUBASHNAGAR, WARD NO.1 DODDABALLAPURA-561203 …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1; SRI.K.N.SRINIVASA., ADVOCATE FOR R-2; SRI. AJITH KUMAR., ADVOCATE FOR R-3; NOTICE TO R-4 IS DISPENSED WITH VIDE ORDER DATED: 19.11.2024) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,M PRAYING TO QUASH THE ORDER DATED 20.04.2021 PASSED BY THE 1ST RESPONDENT IN CASE NO. MUN/RP/20/2020 (ANNEXURE-A), 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 writ petition is filed challenging the order by which the measurement of the property bearing Khata No.2524/1 is ordered to be modified from “27x30 and 13x45 sq.ft.” into “30+27/2 * 30 sq.ft.”. 2. It is not in dispute that the petitioner herein has already instituted a suit in O.S. No.361 of 2020 - 3 - NC: 2025:KHC:4162 WP No. 10141 of 2021 which is for an injunction in respect of the property that he claims to have purchased. 3. Since the petitioner is already before the Civil Court and there is a serious dispute regarding the Khata to be registered in respect of the property that petitioner owns, it would be appropriate to permit the petitioner to seek for necessary declaratory decree in the pending suit and on such decree being obtained by the petitioner, the authorities would abide by the result of said suit. 4. Subject to the above, the writ petition is dismissed. 5. It is needless to state that all contentions of both parties are left open. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 69