- 1 - HC-KAR NC: 2025:KHC:48262 WP No. 7365 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7365 OF 2025 (LB-RES) BETWEEN: SRI. AJAY KUMAR VERMA S/O SRI. RAMDEV VERMA AGED ABOUT 62 YEARS R/AT. NO.142, HUSKUR VILLAGE, KHB LAYOUT, HOSAKOTE, BENGALURU-560049. …PETITIONER (BY SRI. SRINIVASA K.N., ADVOCATE) AND: 1. THE COMMISSIONER KARNATAKA HOUSING BOARD IIIRD AND IV FLOOR, CAUVERY BHAVANA, K.G.ROAD, BENAGALURU-56009 EMAIL: khb-hc@karanataka.gov.in 2. SMT. VINITA VERMA D/O SRI. S.R.SAKHA AGED ABOUT 60 YEARS, R/AT "PALASA" INDULKAR COMPLEX, NEAR BHARAT GAS AGENCY TELEGAON ROAD, IGATPURI-422403 MAHARASTRA STATE …RESPONDENTS (BY SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR RESPONDENT NO.1; SRI. LOKESH KUMAR K.S., ADVOCATE FOR RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 1ST RESPONDENT TO CONSIDER THE REPRESENTATION SUBMITTED BY THE Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48262 WP No. 7365 of 2025 PETITIONER WHICH IS PRODUCED BY THE ANNEXURE-F DATED 07.11.2024 TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a direction to the respondent No.1 to consider his representation dated 07.11.2024 by which he requested the khata in respect of the petition schedule property to be transferred to the name of his wife. 2. The petitioner claims that he was allotted a site bearing No.365, Sector-D, Category:HIG-1, situate at Suryanagara, Phase-II, measuring East to West 12 Meters and North to South 18 Meters totally measuring 216 Sq. Meters by the respondent No.1 – Karnataka Housing Board (‘KHB’ for short) and a conditional sale deed was executed in his favour on 10.06.2011. It is claimed that there was a matrimonial dispute between him and the respondent No.2 which culminated in dissolution of the marriage mutually in M.C. No.3434/2018 before the Family Court. As per the terms of - 3 - HC-KAR NC: 2025:KHC:48262 WP No. 7365 of 2025 settlement, the petitioner gifted the petition schedule property to the respondent No.2 towards permanent alimony. The petitioner, therefore, filed a representation dated 07.11.2024 before the Assistant Executive Engineer, KHB, requesting him to transfer the khata of the petition schedule property to the name of the respondent No.2. Since the said representation is not considered, the petitioner is before this Court. 3. Learned counsel for the petitioner submitted that in view of the settlement of the matrimonial dispute, the petitioner had conveyed the site in question to the respondent No.2 and therefore, prays that a direction be issued to the respondent No.1 to transfer the khata of the property in question to the respondent No.2. 4. Learned counsel for the respondent No.1 submits that the respondent No.1 is yet to execute a sale deed in favour of the petitioner and in the meanwhile, the petitioner has executed a gift deed in respect of the petition schedule property in favour of the respondent No.2. He, therefore, contends that the respondent No.1 cannot be compelled to record the khata of the petition schedule property in the name - 4 - HC-KAR NC: 2025:KHC:48262 WP No. 7365 of 2025 of the respondent No.2. He, however, submits that steps would be taken to execute a sale deed in favour of the petitioner and thereafter, steps may be taken to enter the name of the respondent No.2 in the property register in respect of the petition schedule property. 5. I have considered the submissions of the learned counsel for the petitioner and the learned counsel for the respondent No.1. 6. As rightly contended by the learned counsel for the respondent No.1, since the petition schedule property is still not conveyed to the petitioner, he could not have executed a gift deed conveying the same to the respondent No.2. Be that as it may, he cannot seek for a direction to the respondent No.1 to make out khata of the property in the name of the respondent No.2. 7. In that view of the matter, no effective directions can be issued in this writ petition. However, the respondent No.1 is directed to execute a deed of absolute sale conveying the petition schedule property in favour of the petitioner if he has complied with all terms and conditions, within a period of - 5 - HC-KAR NC: 2025:KHC:48262 WP No. 7365 of 2025 three months from the date of receipt of a certified copy of this order. Thereafter, it is open for the petitioner to take steps to get his name entered in the property register and thereafter, the gift deed in favour of respondent No.2 would come back to life and respondent No.2 may seek for transfer of the khata to her name. The Writ Petition stands disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 58