- 1 - NC: 2025:KHC:949 WP No. 12823 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12823 OF 2024 (LB-RES) BETWEEN: 1. SMT NASEEN TAJ W/O SYED KAREEM AGED ABOUT 57 YEARS R/AT NO MARATA BEEDHI NO.165 10TH CROSS, CHANDINI CHOWK NEAR IDGA MOHALLA CIRCLE KURIPALYA, TUMAKURU - 572 101. …PETITIONER (BY SRI V.B. SIDDARAMAIAH, ADVOCATE) AND: 1. THE REGIONAL COMMISSIONER AND REVISIONAL AUTHORITY BENGALURU DIVISION 2ND FLOOR BMTC BUILDING KENGAL HANUMANTHAIAH ROAD SHANTHI NAGAR, BENGALURU - 560 027. 2. THE COMMISSIONER TUMAKURU MAHANAGARA PALIKE BHAGWAN MAHAVEER ROAD TOWN HALL CIRCLE GANDHI NAGAR TUMAKURU 572 101. 3. SRI BRRAHMANANDAM D S/O KOTTAIAYA D MAJOR R/AT NO 1399 GOLDEN COLONY Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:949 WP No. 12823 of 2024 ANNANA NAGARA WEST EXTENSION CHENNAI - 600 050. 4. SRI T. MUDLAGIRI S/O DODDATHIMMAIAH MAJOR IN AGE NOT KNOWN TO THE PETITIONER R/AT KALPATHARU NILAYA ANTHARASANAHALLI EXTENSION MADHUGIRI ROAD TUMAKURU - 572106. 5. SRI SHEIKH ZAHEER AHAMED S/O LATE SHAZAD AHAMAD MAJOR AGE NOT KNOWN TO THE PETITIONER R/AT NO 35, 1ST FLOOR 3RD CROSS, BTM LAYOUT VENAKTESHPURAM BENGALURU NORTH BENGALURU - 560 045. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R-1) THIS WP IS FILED UNDER ATICLES 226 & 227 OF THE CONSTITUION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 29.09.2023 PASSED BY THE R1, THE REGIONAL COMMISSIONER AND REVISIONAL AUTHORITY, BENGALURU DIVISION, 2ND FLOOR, BMTC BUILDING,KENGAL HANUMANTHAIAH ROAD, SHANTHI NAGAR, BENGALURU IN CASE BEARING NO.MUN/RP-31/2023 VIDE ANNEXURE-G THEREBY ALLOW THE APPEAL FILED BY THE PETITIONER IN CASE NO.MUN/RP31/2023 FILED U/SEC/102 OF THE KARNATAKA MUNICIPAL CORPORATION ACT,VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:949 WP No. 12823 of 2024 ORAL ORDER 1. The petitioner is aggrieved by the registration of Khata in favour of respondent No.3, which has also been confirmed by the Regional Commissioner, who dismissed the appeal on the ground of delay. 2. Under the normal circumstances, the matter would be remanded to the Regional Commissioner for consideration of the appeal on merits. However, having regard to the fact that the petitioner admits that there are two suits filed in respect of the property-in-question, in which prayers for declaration have been made, in my view, remanding the matter to the Regional Commissioner would not serve any purpose. 3. It would however be necessary to clarify that any decision relating to the registration of Khata would be as per the ultimate decision rendered in the - 4 - NC: 2025:KHC:949 WP No. 12823 of 2024 pending suits i.e., O.S.No.108/2018 and O.S.No.985/2017. 4. It is needless to state that the authorities would be bound by the decree that is passed by the Civil Court and they have to register the Khata in accordance with the decree passed by the Civil Court. 5. It is also made clear that the petitioner would be entitled to seek appropriate interim relief before the Civil Court, in which suits are pending. 6. Subject to the above, this petition is dismissed. 7. It is needless to state that the orders impugned have been passed during the pendency of the suit and they shall therefore abide by the result of the suit. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 3