- 1 - NC: 2025:KHC:4160 WP No. 21265 of 2024 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. 21265 OF 2024 (LB-BMP) BETWEEN: 1. SMT MALATHI HIREMATH @ H R MALATHI W/O. SRI. R. SRIDHAR HIREMATH, AGED ABOUT 71 YEARS, 2. SRI. R. SRIDHAR HIREMATH S/O. SRI. S. REVANARADHYA HIREMATH, AGED ABOUT 72 YEARS, ALL ARE RESIDING AT NO. 16, SRIGANDHA, 2ND CROSS, SHANTHIVANA, SAHAKARANAGAR POST, BENGALURU-560 092. …PETITIONERS (BY SRI.RAJENDRA.M.S., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BENGALURU-560 020, REPRESENTED BY ITS COMMISSIONER. 2. BRUHAT BENGALURU MAHANAGARA PALIKE J. C. ROAD, BENGALURU-560 002, REPRESENTED BY ITS COMMISSIONER. 3. ASSISTANT REVENUE OFFICER KODIGEHALLI SUB DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, J.C. ROAD, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4160 WP No. 21265 of 2024 BENGALURU-560 002. …RESPONDENTS (BY SRI. N.R.GIRISH., ADVOCATE FOR R-1; SRI. B.S.KARTHIKEYAN., ADVOCATE FOR R-2 & R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ENDORSEMENT BEARING NO. BBMP/YUVA/SAKUMAA/KOUV/KTR/165/22-23/PR/13/23-24 DATED:05.04.2023 ISSUED BY THE ASSISTANT REVENUE OFFICER, KODIGEHALLI ZUB-DIVISION, BBMP, THE R-3 HEREIN (ANNEXURE-Q), 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. These facts are not in dispute: on 16.02.1995, the petitioners purchased the property in question under a registered sale deed. Pursuant to the said sale deed, the then Grama Panchayat also registered the Khata in their name. 2. It is also relevant to state here that prior to this purchase, the Khata was registered in the name of the petitioners’ vendor, as could be seen from Annexure ‘C’. - 3 - NC: 2025:KHC:4160 WP No. 21265 of 2024 3. This property thereafter came within the jurisdiction of City Municipal Council, Byatarayanapura and thereafter, the Khata was also registered in the name of the petitioners and the City Municipal Council was collecting the property tax from them. 4. Subsequently, the area in question came within the purview of the Bruhat Bengaluru Mahanagara Palike ('the BBMP') and the BBMP proceeded to collect the property tax right from the year 2015-16. 5. These documents therefore indicate that right from the year 1995, the petitioners have been in possession and their possession and ownership is recognized by the relevant authorities by collecting property tax. 6. However, an endorsement is now issued stating that the site in question was not released in favour of the National Technological Institutions (NTI) Housing Co-operative Society Limited and despite the request made to the Bangalore Development - 4 - NC: 2025:KHC:4160 WP No. 21265 of 2024 Authority, there was no response forthcoming and hence, the Khata could not be registered. 7. The learned counsel for the petitioners places reliance on the confirmation deed dated 15.06.2022 by which the NTI Housing Co-operative Society Ltd., in whose favour the layout plan had been approved, has executed a deed of confirmation in favour of the petitioners and has thereby relinquished all its rights and accepted the title of the petitioners. 8. In my view, since the Society, in respect of which the layout plan was approved, has itself executed a registered confirmation deed in favour of the petitioners acknowledging their title and possession and keeping in mind the title and possession of the petitioners was recognized throughout from 1995, the BBMP cannot refuse to register the Khata in their names. - 5 - NC: 2025:KHC:4160 WP No. 21265 of 2024 9. Consequently, the impugned endorsement at Annexure ‘Q’ cannot be sustained and the same is accordingly quashed. 10. The BBMP is directed to register the Khata in favour of the petitioners within a period of three months from the date of receipt of a copy of this order. 11. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 72