- 1 - NC: 2025:KHC:1109 WP No. 31645 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 31645 OF 2024 (LB-BMP) BETWEEN: SMT. UMA K P W/O SRI PARAMESH S K AGED ABOUT 61 YEARS RESIDING AT NO.132 2ND MAIN, 1ST CROSS G D PARK EXTENSION VAYALIKAVAL, BENGALURU-560 003. …PETITIONER (BY SRI. N R NAIK, ADVOCATE FOR SRI. PRAKASHA M., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU-560 002. 2. THE ASSISTANT REVENUE OFFICER VASANTHANAGARA SUB DIVISION THIMMAIAH ROAD (QUEENS ROAD) B.B.M.P., BENGALURU-560 085. 3. SMT NAGAVENI W/O LATE KRISHNAPPA AGED ABOUT 65 YEARS, R/AT NO.3, 6TH CROSS KUMAR PARK WEST BENGALURU-560 020. …RESPONDENTS (BY SRI. B S KARTHIKEYAN., ADVOCATE FOR R1 & R2) Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1109 WP No. 31645 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT ISSUED BY THE 2ND RESPONDENT IN NO. DA/PR/KTR/237/24-25, BB1990000837807, DATED- 06- 08-2024, PRODUCED AT ANNEXURE -E AND DIRECT THE 2ND RESPONDENT TO TRANSFER THE KHATHA IN RESPECT OF HOUSE PROPERTY BEARING NO. 3, PID NO. 77-87-3, 6TH CROSS, CENTRAL STREET, KUMARA PARK WEST, BENGALURU- 560 020, MEASURING EAST TO WEST- 40-0 AND NORTH TO SOUTH- 42-0 FEET, TOTALLY MEASURING 1680 SQUARE FEET, CONSISTING OF GROUND FLOOR 1ST FLOOR, SITUATED AT 6TH CROSS, CENTRAL STREET, KUMARA PARK WEST, BENGALURU- 560 020, IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is before this Court challenging the refusal of the BBMP registration of khatha in its favour. 2. It is not in dispute that the claim of the petitioner for registration of khatha is based on a Will executed by his mother. However, it appears that the petitioner’s sister has also made a claim in respect of this property and in light of the said claim, the BBMP has directed the petitioner to approach the Civil Court, to secure a decree and thereafter action would be taken to register the khata. - 3 - NC: 2025:KHC:1109 WP No. 31645 of 2024 3. Learned counsel appearing for the petitioner submits that BBMP has accepted the Will in so far as it relates to the bequest made in favour of sisters in respect of the other properties, but only in respect of this property they are entertaining this claim and, therefore, this action is arbitrary. 4. In my view, this argument could not be an acceptable argument since the claim is on the basis of a Will and there is a dispute regarding the entitlement of the petitioner under the Will. The Corporation was therefore justified in directing the petitioner to institute a suit, secure a decree and thereafter action would be taken for registration of khata in his name. In find no reason to entertain this writ petition and this writ petition is therefore dismissed. 5. Liberty is reserved to the petitioner to approach the Civil Court for securing a decree regarding his entitlement over the property-in-question. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 5