Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31832 WP No. 24579 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 24579 OF 2025 (LB-BMP) BETWEEN:
1.
SRI. A.J.JAGADEESWARAN S/O A.K.JANARTHANA AGED ABOUT 85 YEARS REP. BY HIS GPA HOLDER JALAPATHI S/O KUPPASWAMY AGED ABOUT 57 YEARS RESIDING AT NO.FLAT NO.F-15 CDE BLOCK GOLDEN ORCHID APTS NO.10/8, KASTURBA ROAD NEAR CHASN HOTEL VTC BANGALORE NORTH. …PETITIONER (BY SRI. VARUN PATIL, ADVOCATE FOR SRI. MAHAMMED TAHIR A., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE CO-OPERATION VIDHANA SOUDHA, BANGALORE-560 001.
REP. BY ITS SECRETARY
2.
THE BRUHAT BANGALORE MAHANAGAR PALIKE N.R.SQUARE, BANGALORE-560 002.
3.
THE BRUHAT BANGALORE MAHANAGAR PALIKE
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31832 WP No. 24579 of 2025
ASSISTANT REVENUE OFFICER VASANTHNAGAR SUB DIVISION THIMMIAH ROAD, QUEENS ROAD BANGALORE-560 051. …RESPONDENTS (BY SRI. H.K.KENCHEGOWA, AGA FOR R1;
SRI. PAWAN KUMAR, ADVOCATE FOR R2 & R3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING NO.DA(VANA)VA110(79)PR89/2025- 26 DATED 21.07.2025 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-D AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
The case of the petitioner is that he is the owner of property which is the subject matter of writ petition. It is further submitted that khatha of the property stood in his name. He applied for eKhatha in respect of his property. However, an endorsement dated 21.07.2025 bearing No.rJ.(ªÀ£À)ªÁ110(79)/¦Dgï/89/2025-26 (vide Annexure-D to the writ petition) is issued by respondent no.3 stating that there is
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HC-KAR NC: 2025:KHC:31832 WP No. 24579 of 2025
an original suit bearing O.S.No.26052/2017 is pending in respect of the property concerned, decision regarding issuance of eKhatha will be taken only after resolution of the said dispute and not otherwise. Aggrieved by the same, the present writ petition is filed.
2. It is contended that the petitioner is not a party to the proceedings to the said original suit and it is filed by a stranger against another stranger, though the present property is a subject matter of the said suit. It is also contended that the suit pertains to relief of specific performance of contract. The parties are not entitled for the same and the petitioner intends to implead himself in the said proceedings. It is further submitted that there is no order passed in the said suit restraining the BBMP from issuing eKhatha. It is submitted that under the said circumstances, Annexure-D is liable to be set aside.
3.
Learned counsel for respondent nos.2 and 3 upon instructions submits that all the relevant particulars have not been produced by the petitioner. He further submits that if a fresh representation is made along with all the necessary
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HC-KAR NC: 2025:KHC:31832 WP No. 24579 of 2025
particulars, then in that event, respondent no.3 shall issue notice to the parties in the original suit and thereafter hear the petitioner as well as all the interested parties and take a decision regarding issuance of eKhatha. The petitioner is agreeable for the same.
4. Hence, the following:
ORDER i) The petitioner is given liberty to make a fresh application to respondent no.3 for issuance of eKhatha; ii) Upon receipt of the same, respondent no.3 shall hear all the interested parties and thereafter take a decision within a period of three months thereafter irrespective of the endorsement dated 21.07.2025 (vide Annexure-D to the writ petition); iii) The writ petition is disposed of accordingly.
Sd/- (M.I.ARUN) JUDGE PGG