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2025 DAILYLAW 67708 (KAR)

M/S ROYAL GARDENS v. ASSISTANT REVENUE OFFICER,

WP/36468/2025 · 2025-12-05

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51436 WP No. 36468 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 36468 OF 2025 (LB-BMP) BETWEEN: M/S ROYAL GARDENS (A REGD. PARTNERSHIP FIRM) UNDER PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT NO.563/1, 2ND FLOOR PRERANA TOWERS, BILEKAHALLI BANNERGHATTA ROAD BANGALORE-560076. REP. BY ITS PARTNER MR. S.N.RAVICHANDRA …PETITIONER (BY SRI. VIVEKANANDA H S., ADVOCATE) AND: 1. ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, ANJANA PURA DIVISION, BBMP, ROYAL COUNTY 1ST PHASE, GOTTIGERE KOTHNUR, BENGALURU-560 083. 2. BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-560002 REP. BY ITS COMMISSIONER …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51436 WP No. 36468 of 2025 TO CONSIDER THE REPRESENTATION OF THE PETITIONER MADE AT ANNEXURE - A DATED 21/07/2024, WHICH IS A REITERATION OF THE DETAILED REPRESENTATION DATED 12/03/2024 VIDE ANNEXURE-P AND CONSEQUENTLY DIRECT THE RESPONDENTS TO ISSUE LATEST KHATA EXTRACT WITH RESPECT TO THE COMPOSITE PROPERTY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondents to consider its representation dated 21.07.2024 and issue the latest khata extract of the composite property bearing Site No.1272/32 (old No.151/150) situate at Kothanur dakhale, Vaddarapalya village, Uttarahalli hobli, Bengaluru South Taluk, now assessed to tax as khata bearing No.816/1503/1272/32 and PID No.8762015192. 2. The petitioner contends that it is the owner of the aforesaid property and that the eKhata in respect of the aforesaid property stands in its name and contends that in order to develop the aforesaid property, it required an updated - 3 - HC-KAR NC: 2025:KHC:51436 WP No. 36468 of 2025 khata extract. With that object in mind, it filed an application under the Right to Information Act, 2005 seeking the latest khata extract. However, the respondents have neither issued a khata extract nor replied to the representation submitted by the petitioner. The petitioner is, therefore, before this Court seeking for a direction to the respondents to consider the representation to issue a latest khata extract. 3. Learned counsel for respondent Nos.1 and 2 submits that since the property of the petitioner is now assessed to tax and an eKhata is issued which contains all the particulars of the property, the procedure for issuing khata extract is done away with. He, therefore, submits that no direction can be issued to the respondents to issue khata extract as claimed by the petitioner. 4. A perusal of the eKhata issued in respect of the property of the petitioner shows that it contains all the particulars of the property of the petitioner and the particulars of the owners of the property. As the respondents now claim that there is no procedure for using a khatha extract, no direction can be issued to the respondents. - 4 - HC-KAR NC: 2025:KHC:51436 WP No. 36468 of 2025 5. In that view of the matter, this writ petition stands disposed off noting the submission of the learned counsel for the respondent Nos.1 and 2. 6. The learned counsel for the respondent Nos.1 and 2 is permitted to file his memo of appearance within 10 days. Sd/- (R. NATARAJ) JUDGE SMA/LIST NO.: 1 SL NO.: 26