- 1 - HC-KAR NC: 2025:KHC:22102 WP No. 16439 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 16439 OF 2024 (LB-RES) BETWEEN: 1. SMT. FARATH UNNISA W/O H MEHABOOB BASHA, AGED ABOUT 45 YEARS, R/AT SINGARI NILAYA ROAD, GOWRI KALUVE, CHIKMAGALURU-577 101 REPRESENTED BY HER POWER OF ATTORNEY, H MEHABOOB BASHA, AGED ABOUT 55 YEARS, R/AT SINGARI NILAYA ROAD, GORI KALUVE, CHIKMAGALURU-577 101. …PETITIONER (BY SRI. SHIVARAMA BHAT O., ADVOCATE) AND: 1. THE CHIKMAGALURU URBAN DEVELOPMENT AUTHORITY BY-PASS ROAD, JYOTHINAGAR POST, CHIKMAGALURU-577 102 REPRESENTED BY ITS COMMISSIONER. 2. THE CITY MUNICIPAL COUNCIL CHIKMAGALULRU CITY, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22102 WP No. 16439 of 2024 CHIKMAGALUR-577 101 REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. A. RAVISHANKAR, ADVOCATE FOR R.1; SRI A. NAGARAJAPPA, ADVOCATE FOR R.2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 07.02.2024 VIDE ANNEXURE-A AND 16.02.2024 VIDE ANNEXURE-B AND EFFECT THE KHATA IN HER FAVOUR IN PURSUANCE OF THE GIFT DEED DATED 24.08.2006 VIDE ANNEXURE-C., ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner in the captioned petition is seeking a mandamus alleging that there is complete inaction on the part of respondents in not considering petitioner's representation dated 07.02.2024 as per Annexure-A and the representation dated 16.2.2024 as per Annexure-B. 2. Heard the counsel for petitioner and the counsel appearing for respondents 1 and 2. - 3 - HC-KAR NC: 2025:KHC:22102 WP No. 16439 of 2024 3. Petitioner is asserting title based on a registered gift deed dated 24.08.2006. Petitioner is aggrieved by inaction on the part of respondent No. 1 who has failed to consider petitioner's representations submitted on 7.2.2024 and 16.2.2024. 4. The petitioner is asserting a lawful claim over Site bearing assessment No.511/11446/1198/61 measuring 15 x 52 feet. situated in Ward No.24 based on a registered gift deed, which is placed on record. It is submitted that the authorities have been routinely declining to issue khatha in respect of sites formed in Survey No.61. In support of the petitioner’s claim, learned counsel has placed reliance on the order dated 10.09.2024 passed by respondent No.1, which is the outcome of an official enquiry conducted regarding the character of land in Survey No.61. A perusal of the said order reveals that Survey No.61 has been categorically found not to form part of the designated park area. - 4 - HC-KAR NC: 2025:KHC:22102 WP No. 16439 of 2024 5. This Court is also informed that in respect of similarly situated site owners within Survey No.61, endorsements declining khatha have been quashed and directions have been issued for issuance of khatha, recognizing their entitlement based on the aforementioned official findings. The petitioner claims to be similarly placed, being the owner of Site bearing assessment No.511/11446/1198/61 measuring 15 x 52 feet. situated in Ward No.24, which is also stated to be situated within Survey No.61. 6. In this background, this Court is of the view that the respondents are under an obligation to verify whether Site bearing assessment No. 511/11446/1198/61 measuring 15 x 52 feet. situated in Ward No.24 indeed falls within Survey No.61. If the said site is found to be a part of Survey No.61, and if the petitioner has validly acquired title through a registered gift deed, the petitioner would be entitled to seek issuance of khatha, and the respondents, - 5 - HC-KAR NC: 2025:KHC:22102 WP No. 16439 of 2024 particularly respondent No.1, would be bound to act in accordance with law and the conclusions drawn in the order dated 10.09.2024. 7. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.1 is directed to examine the title documents produced by the petitioner. Upon verifying that Site assessment No. 511/11446/1198/61 measuring 15 x 52 feet. situated in Ward No.24 forms part of Survey No.61, respondent No.1 shall take into consideration the findings recorded in the order dated 10.09.2024 and take appropriate steps to issue khatha in favour of the petitioner, in accordance with law. - 6 - HC-KAR NC: 2025:KHC:22102 WP No. 16439 of 2024 (iii) The entire exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1