- 1 - NC: 2025:KHC:7596 WP No. 34619 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 34619 OF 2024 (GM-RES) BETWEEN: ANAND RATHI GLOBAL FINANCE LTD., A NON BANKING FINANCE COMPANY HAVING ITS REGISTERED OFFICE AT 4TH FLOOR, SILVER METROPOLIS, JAI COACH COMPOUND, OPPOSITE BIMBISAR NAGAR GOREGAON (EAST) MUMBAI, MAHARASHTRA, INDIA - 400 063, REPRESENTED BY ITS LEGAL MANAGER MR. ASHUTOSH GUPTA AGED ABOUT 26 YEARS. …PETITIONER (BY SRI. RISHABHA RAJ THAKUR, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), REPRESENTED BY ITS COMMISSIONER, BBMP HEAD OFFICE, N.R. SQUARE, BENGALURU - 560 002. 2. ASSISTANT REVENUE OFFICER (ARO), RAJAJINAGAR ZONE, BBMP OFFICE, WARD NO. 99, 19TH MAIN ROAD, 2ND BLOCK, NEAR NAVARANG OLD BUS STOP, RAJAJI NAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY K.S, ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7596 WP No. 34619 of 2024 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENTS TO PROCESS THE APPLICATION FOR E-AASTHI AND UPDATE THE OWNERSHIP RECORDS IN FAVOR OF THE PETITIONER FOR PROPERTY ID NO.8-11-13/1, BASED ON THE ORDER DATED 30.11.2022 PASSED BY LD. XXXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN CRL. MIS. NO.4380/2022 ANNX-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner, a Non-Banking Finance Company is before this Court for updating ownership records on e- Aasthi at the hands of the respondents for sale of the property in question. 2. Having regard to the difficulties faced by the secured creditors in getting the Sale Certificate registered for want of e-Khatha, the State Government has taken note of the same and has issued a Circular enabling the secured creditors/banks/financial institutions to approach the Bruhat Bengaluru Mahanagara Palike (BBMP) and seek - 3 - NC: 2025:KHC:7596 WP No. 34619 of 2024 for e-Khatha in the name of the secured creditors, who has taken possession of the property in terms of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, SARFAESI Act, 2002). 3. A Circular dated 07.01.2025 is issued by the Chief Commissioner, BBMP making provision for obtaining final e-Khathas for properties in favour of banks/financial institutions for registering Sale Certificates under SARFAESI Act, 2002. 4. In view of the steps taken by the State Government and BBMP, in particular, in issuing the Circular dated 07.01.2025, as noticed hereinabove, it will be open for the petitioner financial institution to file an application, seek e-Khatha and the same shall be granted by the BBMP. This would enable the petitioner to get the Sale Certificate registered before the Sub-Registrar. 5. In that view of the matter, the writ petition stands disposed of reserving liberty to the petitioner - 4 - NC: 2025:KHC:7596 WP No. 34619 of 2024 Bank to file an application in terms of the Circular dated 07.01.2025, obtain e-Khatha and thereafter, proceed to get the Sale Certificate registered before the respondent No.2. In view of the circular issued by the State Government, respondent No.2 is hereby directed to reconsider the application in terms of the circular dated 07.01.2025. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv CT: BHK