SRI RAGHAVENDRA NAIK.K.S, v. THE STATE OF KARNATAKA,
WP/24318/2025 · 2025-09-25
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41588 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41588 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39047 WP No. 24318 of 2025 C/W WP No. 22299 of 2025 WP No. 23775 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 24318 OF 2025 (LB-RES) C/W WRIT PETITION NO. 22299 OF 2025 (LB-RES) WRIT PETITION NO. 23775 OF 2025 (LB-RES) IN WP No. 24318/2025 BETWEEN:
1. SRI RAGHAVENDRA NAIK.K.S, S/O SINGAPPA NAIK, AGED ABOUT 74 YEARS, R/AT NO.589, 20TH MAIN, NEAR POLICE STATION, 8TH BLOCK, KORAMANGALA, BENGALURU - 560 095. …PETITIONER (BY SRI. G.M.ANANDA., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU- 560 001 (BY ITS SECRETARY). 2. THE TOWN MUNICIPAL COUNCIL, BIDADI MAIN ROAD, BIDADI TOWN, RAMANAGARA TQ AND DT - 562 109. [BY ITS CHIEF OFFICER] …RESPONDENTS Digitally signed by KAVYA R Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39047 WP No. 24318 of 2025 C/W WP No. 22299 of 2025 WP No. 23775 of 2025 (BY SRI.H.K.KENCHE GOWDA., AGA FOR R-1;
SRI.R.V.RAMESH KUMAR., ADVOCATE FOR R-2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED INTIMATION/ENDORSEMENT DATED 15/05/2025, VIDE NUMBER PU SA/KAM/SHA/CR/36/2025-26 AT ANNEXURE- F ISSUED BY THE 2ND RESPONDENT. DIRECT THE 2ND RESPONDENT TO RECONSIDER THE REPRESENTATION AT ANNEXURE E FOR ISSUANCE OF KATHA IN B REGISTER EXTRACT IN FORM NO 3 AS REQUESTED ABOVE, BY ACCEPTING/RECEIVING PROPERTY TAX IN RESPECT OF THE SITES IN QUESTION, A PRAYER CONSEQUENTIAL TO 1ST PRAYER, WITHIN A TIME FRAME AS THIS HONBLE COURT DEEMS FIT TO ORDER IN ORDER TO SECURE THE ENDS OF JUSTICE AND EQUITY AND ETC., IN WP NO. 22299/2025 BETWEEN:
1. SMT SANGEETHA D T, W/O DR.H.P.MADHUSUDHAN, AGED ABOUT 53 YEARS, R/AT 4060, 35TH CROSS, BANASHANKARI 2ND STAGE, BEHIND DHARMAGIRI MANJUNATHA TEMPLE, BENGALURU - 560 070. ...PETITIONER (BY SRI. G.M.ANANDA., ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU - 560 001. (BY ITS SECRETARY)
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HC-KAR NC: 2025:KHC:39047 WP No. 24318 of 2025 C/W WP No. 22299 of 2025 WP No. 23775 of 2025
2. THE TOWN MUNICIPAL COUNCIL, BIDADI MAIN ROAD, BIDADI TOWN, RAMANAGARA TQ AND DIST - 562 109.
(BY ITS CHIEF OFFICER) ...RESPONDENTS (BY SRI.H.K.KENCHE GOWDA., AGA FOR R-1;
SRI.R.V.RAMESH KUMAR., ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE AN
ORDER OF DIRECTION IN THE NATURE OF A WRIT OF CERTIORARI, TO QUASH THE IMPUGNED INTIMATION/ENDORSEMENT DATED 19/05/2025, VIDE NUMBER PU.SA./CR/32/2025-26 AT ANNEXURE-J ISSUED BY THE 2ND RESPONDENT AND ETC., IN WP NO. 23775/2025 BETWEEN:
1.
SRI. RAGHAVENDRA NAIK. K. S, S/O SINGAPPA NAIK, AGED ABOUT 74 YEARS, R/AT 589, 20TH MAIN, NEAR POLICE STATION, 8TH BLOCK, KORAMANGALA, BENGALURU - 560 095.
2.
SRI MANJUNATHA. P, S/O PUTTASWAMY.H.M, AGED ABOUT 47 YEARS, R/AT 28, 22ND CROSS, 1ST B MAIN, BHUVANESHWARI NAGARA, TOLL GATE, BENGALURU - 560 023. ...PETITIONERS
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HC-KAR NC: 2025:KHC:39047 WP No. 24318 of 2025 C/W WP No. 22299 of 2025 WP No. 23775 of 2025 (BY SRI. G.M.ANANDA., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU - 560 001.
(BY ITS SECRETARY).
2.
THE TOWN MUNICIPAL COUNCIL, BIDADI MAIN ROAD, BIDADI TOWN, RAMANAGARA TQ DT - 562 109.
BY ITS CHIEF OFFICER ...RESPONDENTS (BY SRI.H.K.KENCHE GOWDA., AGA FOR R-1;
SRI.R.V.RAMESH KUMAR., ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA RAYING PRAYING TO QUASH THE IMPUGNED INTIMATION/ENDORSEMENT DATED 15/05/2025, VIDE NUMBER PU.SA./CR/36/2025-26 AT ANNEXURE -J ISSUED BY THE 2ND RESPONDENT AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioners have sought the issuance of Khata in their favour in respect of the properties which are the subject matter of the writ petitions.
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HC-KAR NC: 2025:KHC:39047 WP No. 24318 of 2025 C/W WP No. 22299 of 2025 WP No. 23775 of 2025
2.
Learned counsel for respondents upon instructions submits as the petitioners have not paid the necessary property tax and hence their request has not been considered and the impugned orders have been issued. This Court while considering the similar matters in W.P.No.12767/2025 has
directed the authorities concerned to register the Khata without insisting on payment of property tax, prior to registration of Khata, as the same is not contemplated in law.
3.
Learned counsel for respondents fairly submits that in the light of the decision passed in W.P.No.12767/2025, the respondents shall consider the case of the petitioner in accordance with law and take a decision whether to issue Khata in their name or not in accordance with law without insisting on prior payment of the property tax.
4. Based on the above mentioned submission, the following order is passed:-
ORDER i. The writ petition is hereby disposed of.
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HC-KAR NC: 2025:KHC:39047 WP No. 24318 of 2025 C/W WP No. 22299 of 2025 WP No. 23775 of 2025 ii. Petitioners are permitted to give a fresh representation to the respondents for issuance of Khata in their favour along with all the necessary particulars. iii. Upon receipt of the same, respondents shall consider the request of the petitioners in accordance with law and pass appropriate orders within a period of twelve weeks thereafter. iv. It is needless to state if Khata is issued in favour of the petitioners, petitioners are liable to pay the necessary property tax in respect of the property thereafter. Sd/- (M.I.ARUN) JUDGE KVR List No.: 1 Sl No.: 41