- 1 - HC-KAR NC: 2025:KHC:41865 WP No. 7869 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7869 OF 2025 (LB-RES) BETWEEN: SMT. PORKODI J @ PARKODI. J W/O P. JAYARAM, AGED ABOUT 56 YEARS, R/O VIJAYANAGAR, BANGARPET, KOLAR DISTRICT, REP. BY GENERAL POWER OF ATTORNEY, SRI. P. JAYARAM, S/O. PERIYANNA GOUNDER, R/AT. VIJAYANAGAR, BANGARPET TOWN, KOLAR DISTRICT-562160 …PETITIONER (BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560001 REPRESENTED BY ITS SECRETARY 2. THE COMMISSIONER CITY MUNICIPAL COUNCIL, BANGARAPETE, KOLAR DISTRICT-562160 3. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, BANGARPETE, KOLAR DISTRICT-562160 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41865 WP No. 7869 of 2025 4. SRI. M.L.ANAND KUMAR, S/O LATE M. LAKSHMINARAYAN SHETTY, AGED ABOUT 46 YEARS, 4TH MAIN, 6TH CROSS, AMARAVATHI NAGARA, BANGARPET (TQ.), KOLAR-563162. 5. SRI. L. NAGENDRA, S/O LATE M. LAKSHMINARAYAN SHETTY, AGED ABOUT 41 YEARS, 4TH MAIN, 6TH CROSS, AMARAVATHI NAGARA, BANGARPET (TQ.), KOLAR-563162. …RESPONDENTS (BY SRI. H.K.KENCHE GOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. A.M.VIJAY, ADVOCATE FOR RESPONDENT NO.3; SRI. D. PRABHAKAR, ADVOCATE FOR RESPONDENT NOS.4 AND 5; NOTICE SERVED ON RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO ISSUE E-KHATHA BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 10.09.2024, SUBMITTED ON 11.09.2024, IN RESPECT OF PROPERTY BEARING SITE MUNICIPAL KHATHA NO.29-504-130 K NO.3051, SITUATED AT DESIHALLI VILLAGE, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT, FORMED IN SY. NO.33/2A, 33/B AND 41/6B MEASURING EAST TO WEST 30 FEET, NORTH TO SOUTH 180 FEET, VIDE ANNEXURE-D, RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:41865 WP No. 7869 of 2025 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to issue an E-Khatha in respect of a site bearing Municipal Khatha No.29-504-130 K No.3051 formed in Sy.No.33/2A, 33/B and 41/6B situated at Desihalli Village, Kasaba Hobli, Bangarpete Taluk, Kolar district measuring east to west - 30 feet and north to south - 180 feet by considering her representation dated 10.09.2024 submitted on 11.09.2024. 2. The petitioner contends that she purchased the aforesaid site in terms of a sale deed dated 31.01.2000 pursuant to which her name was entered in the municipal records maintained by respondent Nos.2 and 3. She further contends that respondent Nos.2 and 3 had collected property tax from her till date. She submitted a representation dated 10.09.2024 to respondent No.3 seeking issuance of E-Khata in respect of the aforesaid property. However, no action was taken by respondent No.3 to issue E-Khata. She further submits that she had earlier filed a suit in O.S.No.308/2001 for perpetual injunction to restrain the defendants therein from - 4 - HC-KAR NC: 2025:KHC:41865 WP No. 7869 of 2025 interfering with her possession over the property, which was decreed in her favour. The defendants filed R.A.205/2002 which was allowed. Thereafter the petitioner filed RSA No.1340/2009. During the pendency of the second appeal, the sole defendant expired, and consequently, the appeal came to be disposed off reserving liberty to the petitioner to file a fresh suit, in the event her possession was interfered. The petitioner is therefore before this Court seeking a direction to the respondent Nos.2 and 3 to issue E-Khata of the aforesaid property. 3. The respondent No.3 has filed statement of objections inter alia contending that first appellate court in R.A.No.205/2002 had recorded adverse observations with regard to the possession of the petitioner and since the second appeal filed by her was withdrawn, the said observations have attained finality. It is further contended that Mr. M.L.Anand Kumar had filed objections opposing issuance of E-Khata in favour of the petitioner. Hence, it is contended that unless the petitioner secures an appropriate declaration from a competent Civil Court establishing her ownership over the property, the question of issuing E-Khata in her favour does not arise. - 5 - HC-KAR NC: 2025:KHC:41865 WP No. 7869 of 2025 4. The other respondents who have been impleaded have neither appeared before the Court nor opposed the writ petition. 5. It is now well settled that entry of a person's name in the property tax register is only for the limited purpose of identifying the person liable to pay the property tax. If the name of the petitioner is already entered in the records of respondent No.2 as on date, issuance of an E-Khatha in her favour does not alter or affect right, title or possession of the property in any manner. Mere issuance of an E-Khata neither confers title upon the petitioner nor deprives any other interested person of their title. So long as the name of the petitioner is recorded in the records of respondent No.2, it is bound to enter her name in the E-Khata, subject to the rights of any other person who may claim title over the property. 6. In view of the above, the objections raised by the respondent No.3 in this writ petition against considering the case of the petitioner is not justified. - 6 - HC-KAR NC: 2025:KHC:41865 WP No. 7869 of 2025 7. Accordingly, the writ petition is allowed. The respondent Nos.2 and 3 are directed to enter the name of the petitioner in the E-Khata and issue the requisite Khata extract in her favour within a period of one month from the date of receipt of a copy of this order. 8. It is needless to mention that entry of the petitioner's name in the E-Khata shall not, by itself, confer any title or ownership rights upon her, nor shall it preclude any other interested person from establishing his or her title to the property in accordance with law. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 59