- 1 - NC: 2025:KHC:15360 WP No. 33954 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33954 OF 2024 (KLR-RES) BETWEEN: KHUTAIJATUL KUBRA W/O MOHAMMED AFTAB AGED ABOUT 62 YEARS R/AT NO. 1078, 4TH MAIN 6TH CROSS, K.N. EXTENSTION YESHWANTPUR BENGALURU-560 022. …PETITIONER (BY SRI. B.S. SACHIN, ADVOCATE) AND: 1. THE SPECIAL TAHASILDAR BENGALURU NORTH TALUK GROUND FLOOR, KANDAYA BHAVAN K.G. ROAD, BENGALURU-560 009. 2. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION BANGALORE-560 01. …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 29.01.2024 R.R.T(KE)/CR/52-53, 54/2023-24 ISSUED BY THE R-1 AS PER ANNEXURE-A AND ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15360 WP No. 33954 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The Assistant Commissioner passed an order on 17.03.2014 at the behest of the petitioner and directed the Tahasildar to register the name of the petitioner since she had acquired the land under a registered instrument dated 30.03.2002. 2. However, the Assistant Commissioner has issued an endorsement stating that there was a suit in O.S. No.2116 of 2015 instituted by Govindaraju and others, in which an interim order has been granted and in light of the objections raised to that effect by Govindaraju and others, the Tahasildar has refused to register the Khata. 3. The learned counsel for the petitioner has filed the order sheet in relation to O.S. No. 2116 of 2015 to indicate that the only interim order granted in the suit was to restrain the defendants from alienating - 3 - NC: 2025:KHC:15360 WP No. 33954 of 2024 the land and there was no interim order restraining the authorities from implementing the order of the Assistant Commissioner. 4. The learned counsel also points out that the said suit is also dismissed for non-prosecution on 17.02.2025. 5. In light of the fact that there was no interim order restraining the Tahasildar from implementing the order of the Assistant Commissioner and the suit also having been dismissed, the impugned endorsement cannot be sustained. Same is accordingly quashed. 6. Consequently, the Tahasildar is directed to implement the order of the Assistant Commissioner and register the name of the petitioner in accordance with the registered instrument that she has secured. 7. It is needless to state that the said entry would be subject to the result of the Miscellaneous Petition that may be filed by the plaintiffs in O.S. No.2116 of - 4 - NC: 2025:KHC:15360 WP No. 33954 of 2024 2015 seeking for restoration and if the suit is restored, subject to the result of the restored file. 8. The said exercise shall be undertaken and completed within a period of two months from the date of receipt of a copy of this order. 9. The writ petition is accordingly disposed of. 10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 48