- 1 - HC-KAR NC: 2025:KHC:23664 WP No. 16431 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.16431 OF 2025 (LB-BMP) BETWEEN: SRI.C.R.GOPINATH S/O LATE C. RAJAGOPAL AGED ABOUT 90 YEARS RESIDING AT NO.11, 4TH CROSS CENTRAL EXCISE LAYOUT VIJAYANAGAR BENGALURU - 560 040 …PETITIONER (BY SRI.MEDINI RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE HEAD OFFICE BENGALURU - 560 002 3. THE ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23664 WP No. 16431 of 2025 WARD NO.108 SRI.RAMA MANDIRA RAJAJINAGAR IV BLOCK BENGALURU - 560 010 …RESPONDENTS (BY SRI.H.K.KENCHE GOWDA, AGA FOR R.1; SRI.B.S.KARTHIKEYAN, ADVOCATE FOR R.2 AND R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, DIRECTING THE RESPONDENT NOS.2 AND 3, TO CONSIDER THE REQUISITION LETTER DATED 04.01.2025 (ANNEXURE-G) AND THE ONLINE KHATA APPLICATION (ANNEXURE-H) AND FURTHER DIRECT THE RESPONDENTS TO ISSUE KHATA IN RESPECT OF THE SITE/ PROPERTY BEARING NO.984, MEASURING EAST TO WEST 18.29 MTS., AND NORTH TO SOUTH 9.14 MTS., TOTALLY MEASURING 167.17 SQ. MTS., SITUATED AT 4TH M BLOCK, RAJAJINAGAR, BENGALURU, IN FAVOUR OF THE PETITIONER AND 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 The petitioner, in the captioned writ petition, is seeking mandamus against respondent Nos.2 and 3 to consider the petitioner's requisition letter dated - 3 - HC-KAR NC: 2025:KHC:23664 WP No. 16431 of 2025 04.01.2025 and issue online khata in respect of the site/property bearing No.984, measuring east to west 18.29 Mts. and North to South 9.14 Mts., totally measuring 167.17 Sq. Mts., situated at 4th 'M' Block, Rajajinagar, Bengaluru. 2. Learned counsel appearing for the BBMP has filed a statement of facts and has brought to the notice of this Court that the subject property has already been dealt with by the petitioner through a General Power of Attorney (GPA) Holder, under a registered sale deed dated 30.03.2007. It is further submitted that third-party rights have since been created, and the transferee under the said deed has, in turn, sold the property to one Ratadiya Manish by way of a registered sale deed dated 06.04.2018. 3. Learned counsel for the petitioner submits that the petitioner seriously disputes the validity of the GPA and the consequent alienations made thereunder. This - 4 - HC-KAR NC: 2025:KHC:23664 WP No. 16431 of 2025 Court is of the considered view that if the petitioner is challenging the authority conferred under the GPA and the subsequent transactions based on it, the appropriate remedy lies before the competent Civil Court. Unless and until the registered sale deeds are annulled or set aside by a competent Civil Court, the relief sought by the petitioner pursuant to the requisition letter dated 04.01.2025 cannot be granted. 4. In light of the above, this Court is of the view that the petitioner does not possess any enforceable legal right to seek a direction from this Court in the present writ proceedings, particularly in view of the documents placed on record by the BBMP. Accordingly, reserving liberty to the petitioner to challenge the sale deeds in accordance with law before the competent Civil Court, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 20