Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 48953 (KAR)

SALEEMULLA. P. S. v. BBMP

WP/25720/2023 · 2025-09-16

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36840 WP No. 25720 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.25720 OF 2023 (LB-BMP) BETWEEN: 1. SALEEMULLA P.S. S/O P E ABDUL SHUKOOR AGED ABOUT 44 YEARS R/A NO.5, 4TH CROSS CART STAND, JOLLY MOHALLA BANGALORE-560 053. …PETITIONER (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. BBMP REP. BY ASSISTANT REVENUE OFFICER ASSISTANT REVENUE OFFICER'S OFFICE J.C. NAGAR (SUB-DIVISION) M R PALLYA CIRCLE J.C. NAGAR, BANGALORE. 2. MRS. FARHANA BEGUM W/O MUJAHID ULLA KHAN A AGED ABOUT 39 YEARS R/AT NO.5, 5TH CROSS CHAMUNDINAGAR R T NAGAR, BANGALORE-560 032. …RESPONDENTS (BY SRI. MOHAN KUMAR K V., ADVOCATE FOR R.1; SRI MOHAMMED SULTHAN, ADVOCATE FOR R.2) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36840 WP No. 25720 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CONSIDER THE KHATA APPLICATION OF PETITIONER DATED 07.06.2023 AT ANNEXURE-B AND CONSEQUENTLY TRANSFER THE KHATA OF SCHEDULE PROPERTY IN THE NAME OF PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner on the ground that he has purchased the property in an auction conducted by the Bank, which is the subject matter of the writ petition, has requested the BBMP to change the khata in his name. On the ground that his representation has not been considered so far, the present writ petition is filed with the following prayers:- "WHEREFORE, it is humbly prayed that this Hon'ble Court may be please to issue writ of mandamus to consider the Khata Application of Petitioner dated 07.06.2023 at Annexure B, and consequently transfer the khata of Schedule property in the name of petitioner, in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:36840 WP No. 25720 of 2023 2. Per contra, the learned counsel for respondent No.1 - BBMP upon instructions submits that the request of the petitioner has been rejected by an order dated 03.08.2023 vide Annexure-'E' to the writ petition. It is submitted that the petitioner has not challenged the same in the manner known to law and hence, the prayer for issuance of a writ of mandamus directing the BBMP to consider his request once again does not arise. 3. Admittedly, respondent No.1 has rejected the request made by the petitioner. Under the circumstances, the petitioner is required to challenge the same in the manner known to law, which he has not done. Unless, the said order is set aside, the question of mandamus directing the BBMP to consider the request of the petitioner does not arise. Hence, the following:- - 4 - HC-KAR NC: 2025:KHC:36840 WP No. 25720 of 2023 ORDER The writ petition is dismissed, reserving liberty to the petitioner to challenge the order passed by respondent No.1 (vide Annexure-'E') in the manner known to law. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 39