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2025 DAILYLAW 36165 (KAR)

MR ARVIND BHATTA H A v. BRUHAT BENGALURU MAHANAGARA PALIKE

WP/33146/2024 · 2025-01-10

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:1007 WP No. 33146 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33146 OF 2024 (LB-BMP) BETWEEN: MR ARVIND BHATTA H A AGED ABOUT 49 YEARS SON OF LATE MR. N ANANTHA BHATT RESISTING AT NO. 156, 20TH MAIN 12TH CROSS, 2ND PHASE JP NAGAR, BENGALURU 560 078. PETITIONER (BY SRI M.B. ANIRUDH., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE PALIKE NR SQUARE, HUDSON CIRCLE, BENGALURU 560002. REPRESENTED BY ITS COMMISSIONER. 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE NR SQUARE, HUDSON CIRCLE, BENGALURU 560002. 3. THE SPECIAL COMMISSIONER REVENUE, IT, ESTATE, MARKET BRUHAT BANGALORE MAHANAGARA PALIKE NR SQUARE, HUDSON CIRCLE, BENGALURU 560002. Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1007 WP No. 33146 of 2024 4. THE DEPUTY COMMISSIONER REVENUE BRUHAT BANGALORE MAHANAGARA PALIKE NR SQUARE, HUDSON CIRCLE, BENGALURU 560002. 5. THE JOINT COMMISSIONER, BENGALURU-SOUTH BBMP COMPLEX, 9TH CROSS, 9TH MAIN, 2ND BLOCK JAYANAGAR, BENGALURU 560011. 6. THE DEPUTY COMMISSIONER, BENGALURU-SOUTH BBMP COMPLEX, 9TH CROSS, 9TH MAIN, 2ND BLOCK JAYANAGAR, BENGALURU 560011. 7. THE REVENUE OFFICER, JAYANAGAR-DIVISION BBMP COMPLEX, 9TH CROSS, 9TH MAIN, 2ND BLOCK JAYANAGAR, BENGALURU 560011. 8. THE ASSISTANT REVENUE OFFICER JP NAGAR, ARO OFFICE, BBMP BUILDING, BETWEEN 29TH AND 30TH MAIN, 12TH CROSS, 1ST PHASE, J.P.NAGAR, BENGALURU 560078. 9. STATE OF KARNATAKA DEPARTMENT OF STAMPS AND REGISTRATIONS, REVENUE DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY / DEPUTY SECRETAR 3RD GATE, 5TH FLOOR, - 3 - NC: 2025:KHC:1007 WP No. 33146 of 2024 MS BUILDING DR. AMBEDKAR VEEDI, BENGALURU 560001. 10. INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS KANDAAYA BHAVAN, 8TH FLOOR, K G ROAD, BENGALURU 560 0093. 11. ASSISTANT INSPECTOR GENERAL OF REGISTRATION, COMPUTER KANDAAYA BHAVAN, 8TH FLOOR, K G ROAD, BENGALURU 560 009. 12. THE ADDITIONAL DISTRICT REGISTRAR ANNEXED TO BDA HEAD OFFICE T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU 560020. 13. BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU 560020. 14. THE DEPUTY SECRETARY-II B ANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU 560020. 15. NATIONAL INFORMATICS CENTRE KARNATAKA STATE UNIT, VI AND VII FLOOR, MINI TOWER, BENGALURU 560 001. REP. BY ITS HEAD OF DEAPRTMENT, MR.P.V.BHAT, SCIENTIST ‘G; …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K S., ADVOCATE FOR R-1 TO R-5; SRI. BOPANNA BELLIYAPPA., AGA FOR R-9 TO R-11) - 4 - NC: 2025:KHC:1007 WP No. 33146 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE R-1 TO 8 TO ISSUE E-KHATHA IN THE NAME OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY AND E-KHATHA APPLICATION (VIDE ANN-N AND P) IMMEDIATELY, ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is the only son of Sri.H.Anantha Bhatta, who was allotted a site bearing No.156 of Sarakki 2nd Stage, now called J.P.Nagar 2nd Phase, measuring 65’x 45’. 2. The Bangalore Development Authority (“BDA”) executed a lease-cum-sale agreement in favour of Sri.H.Anantha Bhatta on 03.09.1984. On the basis of this allotment and lease-cum-sale agreement, the Bruhat Bangalore Mahanagara Palike (“BBMP”) also registered Khata in the name of Sri.H.Anantha Bhatta. But, unfortunately, Sri.H.Anantha Bhatta passed away on 10.02.2013 and the petitioner being his only son sought for execution of a sale deed from - 5 - NC: 2025:KHC:1007 WP No. 33146 of 2024 the BDA as the lease-cum-sale agreement period has elapsed. 3. The BDA accepted this request and executed a sale deed on 25.10.2024 and the said sale deed was presented for registration. However, the Sub- Registrar has kept the registration pending on the ground that the petitioner was required to produce an E-khata, as per the requirement of the Government Circular issued in that regard. 4. The learned counsel for BBMP submits that the Khata was standing in the name of Sri.H.Anantha Bhatta and hence, E-khata cannot be issued in the name of the son unless a registered sale deed is executed in his favour. He also submits that for the purpose of registration of a sale deed, an E-khata is essential. 5. In light of the undisputed fact that the khata was standing in the name of Sri.H.Anantha Bhatta during his life time and on his demise, the petitioner being - 6 - NC: 2025:KHC:1007 WP No. 33146 of 2024 his sole legal heir has undoubtedly succeeded to the property, as a necessary consequence, the BBMP will have to register an E-khata in his favour notwithstanding the fact that there is no sale deed in his favour. 6. It is to be stated that in the event of death of the original Khatedar, the Khata would be transferred not on the basis of a document, but in the light of the succession in favour of the children of the Khatedar. 7. Consequently, it would be necessary to direct the BBMP to register an E-Khata in favour of the petitioner directly and on issuance of an E-khata, the Sub-Registrar shall proceed to complete the registration of the sale deed in favour of the petitioner. 8. Accordingly, the BBMP is directed to issue an E-khata in favour of the petitioner within a period of two - 7 - NC: 2025:KHC:1007 WP No. 33146 of 2024 weeks from today and the Sub-Registrar is directed to complete the registration of the sale deed in favour of the petitioner within two weeks thereafter. 9. The writ petition is disposed of accordingly. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 91