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2025 DAILYLAW 26148 (KAR)

SMT. H.S. NAGARATHNA v. THE STATE OF KARNATAKA

WP/13323/2023 · 2025-01-22

N S Sanjay Gowda

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2603 WP No. 13323 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 13323 OF 2023 (LB-BMP) BETWEEN: 1. SMT. H.S. NAGARATHNA W/O SRI LATE K M KEMPAIAH AGED ABOUT 69 YEARS, R/O NO 172-B HOMBELAKU SACHIDANANDA NAGARA, H V HALLI, RAJARAJESHWAR NAGARA, BENGALURU - 560097 SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. SUMANTH L BHARADWAJ., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU - 560001 2. THE COMMISSIONER BRUHATH BENGLAURU MAHANAGARA PALIKE (BBMP) NEAR HUDSON CIRCLE, BENGALURU - 560001 3. THE JOINT COMMISSIONER, BRUHATH BENGLAURU MAHANAGARA PALIKE (BBMP) RAJARAJESHWARI NAGARA DIVISION, WARD NO 160, 18TH CROSS ROAD, IDEAL HOMES TOWNSHIP EXTENSION RAJARAJESHWARI NAGARA - 560098 4. THE EXECUTIVE ENGINEER, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2603 WP No. 13323 of 2023 BRUHATH BENGLAURU MAHANAGARA PALIKE (BBMP) RAJARAJESHWARI NAGARA DIVISION, WARD NO 160, BEML EXTENSION, 3RD STAGE , RAJARAJESHWARI NAGARA - 560098 5. THE ASSISTANT REVENUE OFFICER, BRUHATH BENGLAURU MAHANAGARA PALIKE (BBMP) RAJARAJESHWARI NAGARA DIVISION, WARD NO 160, BEML EXTENSION, 3RD STAGE , RAJARAJESHWARI NAGARA - 560098 …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1; SRI. B.S.KARTHIKEYAN., ADVOCATE FOR R-2 TO R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE RESPONDENTS TO ISSUE KATHA CERTIFICATE WITH RESPECT RESIDENTIAL PROPERTY BEARING NO. 172-B HAVING PID NO. 356, MEASURING 2400 SQ.FT., HOMBELAKU SITUATED AT VISHWABHARATHI HOUSING COMPLEX LAYOUT, 5TH PHASE, SACCHIDANANDA NAGARA HALAGEVADERAHALLI, RAJRAJESHWARI NAGARA, BENGALURU-560098 IN FAVOUR OF THE PETITIONER, BY CONSIDERING HER REPRESENTATION DTD 29/11/2022 A COPY OF THE ABOVE SAID REPRESENTATION IN HEREWITH SUBMITTED AS ANNEXURE-A. 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 to issue a mandamus directing the respondents to issue khata certificate in respect of the property bearing No.172 - B having PID No.356, situated at Vishwabharathi - 3 - NC: 2025:KHC:2603 WP No. 13323 of 2023 Housing Complex Layout, 5th Phase, Sacchidananda Nagara Halagevaderahalli, Rajarajeshwari Nagara, Bengaluru as requested by the petitioner vide Annexure – A. 2. By way of Annexure – A, the petitioner is requesting the Authorities to issue a khata certificate since he claims that he owns the property-in-question. 3. In my view, since the petitioner is contending that he is the owner of the property and has a registered the sale deed in his favor, there is a legal obligation on the BBMP to consider the same and pass appropriate orders. 4. It would therefore be appropriate to direct the BBMP to consider the representation dated 29.11.2022 (Annexure – A) within a period of two months from the date of receipt of the copy of this order and pass an appropriate order in accordance with law. - 4 - NC: 2025:KHC:2603 WP No. 13323 of 2023 5. It is clarified that nothing said in this order shall be rendered as an opinion being rendered on the merits of the claim of the petitioner and the BBMP shall be at liberty to pass an order in accordance with law. 6. This petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 11