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2025 DAILYLAW 56498 (KAR)

SRI S PRAKASHAM v. THE COMMISSIONER

WP/21279/2025 · 2025-08-19

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32247 WP No. 21279 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.21279 OF 2025 (LB-BMP) BETWEEN: 1. SRI S PRAKASHAM S/O LATE SHIVALINGAM, AGED ABOUT 52 YEARS, R/AT NO.7/2, GUNTA VIHAR, DGQA RESIDENTIAL COMPLEX, NEAR MEKRI CIRCLE, J.C. NAGAR, BENGALURU-560 006. …PETITIONER (BY SRI. H.C. SUNDARESH, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560 002. 2. ASSISTANT REVENUE OFFICER BBMP, KODIGEHALLI, SAHAKARNAGAR BENGALURU - 560 092. …RESPONDENTS (BY SRI. B.S. KARTHIKEYAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONERS DATED 15.06.2022 AS PER ANNEXURES-E AND E1 RESPECTIVELY, FOR ISSUING KHATHA CERTIFICATE FOR THE SITE BEARING Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32247 WP No. 21279 of 2025 NO.330/3 MEASURING 25X58 ALLOTTED BY THE CIL EMPLOYEES HOUSE BUILDING COOPERATIVE SOCIETY FORMED IN KOTHIHOSAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK COMES WITHIN THE JURISDICTION OF WARD NO.8, PURSUANT TO ABSOLUTE SALE DEED DATED 17.10.2018 AND RATIFICATION DEED DATED 03.02.2019 EXECUTED BY THE CIL EMPLOYEES HOUSE BUILDING COOPERATIVE SOCIETY AS PER ANNEXURES-C AND D RESPECTIVELY, ETC. 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 has requested the respondent- Bruhat Bengaluru Mahanagara Palike to issue Khata in his favour in respect of the land, which is the subject matter of the writ petition. As no action has been taken in this regard, the present writ petition is filed with the following prayers: "a) ISSUE writ in the nature of Mandamus directing the respondents to consider the representation filed by the petitioners dated: 15-06-2022 as per ANNEXURE-E & E1 respectively, for issuing khatha certificate for the site bearing No.330/3 measuring 25 x 58 allotted by CIL Employees house building cooperative society formed in KothiHosahalli Village, Yelahanka Hobli, Bengaluru North - 3 - HC-KAR NC: 2025:KHC:32247 WP No. 21279 of 2025 Taluk comes within the jurisdiction of ward No.8, pursuant to absolute sale deed dated: 17.10.2018 and ratification deed dated: 03-02-2019 executed by the CIL Employees house building cooperative society as per ANNEXURE-C and D respectively. b) Pass such other order or direction as this Hon'ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity." 2. Learned counsel for the respondents, upon instructions, submits that the petitioner has not produced all the relevant particulars and if he were to submit a fresh representation along with the relevant particulars, the same would be considered in accordance with law and appropriate orders will be passed. His submission is placed on record. 3. Hence, the following: ORDER Petitioner is given liberty to make a fresh representation along with all the necessary particulars to respondent No.2 for issuance of Khata in respect of the land, which is the subject matter of the writ petition. Upon receipt of the said representation, respondent No.2 - 4 - HC-KAR NC: 2025:KHC:32247 WP No. 21279 of 2025 shall consider the same in accordance with law and pass appropriate orders within a period of two months thereafter. The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 96