Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33856 WP No. 21123 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 21123 OF 2025 (LB-RES) BETWEEN:
1.
MRS. KRUPA M.S.
D/O LATE M.N. SHAMA SUNDER AGED ABOUT 43 YEARS RESIDING AT NO.A603 NITESH CAESARS PALACE KANAKPURA MAIN ROAD RAGHUVANAHALLI, BENGALURU-560 062.
2.
MRS. DEEPA RAO D/O LATE M.N. SHAMA SUNDER AGED ABOUT 50 YEARS PRESENTLY RESIDING AT 9611 EVEN MILLER TRAIL, OLMSTED TOWNSHIP OH - 44138, UNITED STATES OF AMERICA.
REPRESENTED BY HER GPA HOLDER MRS. KRUPA M.S.
D/O LATE M.N. SHAMA SUNDER AGED ABOUT 43 YEARS RESIDING AT NO.A603 NITESH CAESARS PALACE KANAKPURA MAIN ROAD RAGHUVANAHALLI, BENGALURU-560 062. …PETITIONERS (BY SRI. H. MUJTABA, ADVOCATE)
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:33856 WP No. 21123 of 2025
AND:
1.
STATE OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDING, BENGALURU-560 001.
REP. BY THE PRINCIPAL SECRETARY.
2.
THE EXECUTIVE OFFICER ANEKAL TALUK PANCHAYATH PANCHAYATHI OFFICE, ANEKAL-562 106.
3.
THE PANCHAYATH DEVELOPMENT OFFICER BYAGADANAHALLI GRAM PANCHAYATH ANEKAL TALUK, ANEKAL-562 106. …RESPONDENTS (BY SRI. KENCHEGOWDA H.K., AGA FOR R1;
SRI. M.PRADEEP, ADVOCATE FOR R2 & R3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION DATED 31/05/2025 VIDE ANNEXURE - F AND THE REPRESENTATION DATED 09/06/2025 VIDE ANNEXURE- G SUBMITTED BY THE PETITIONERS IN THE LIGHT OF THE DOCUMENTS FURNISHED BY THE PETITIONERS ALONG WITH THE SAID REPRESENTATION VIDE ANNEXURE-F AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:33856 WP No. 21123 of 2025
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
On the ground that the petitioners are the owners of the property which is the subject matter of the writ petition, the petitioners have requested respondent no.3 to change the khata into their name. However, as the same has not been done so far, the present writ petition is filed with the following prayers:
"(a)Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the 3rd respondent to consider the representation dated 31/05/2025 vide Annexure 'F' and the representation dated 09/06/2025 vide Annexure 'G' submitted by the petitioners in the light of the documents furnished by the petitioners along with the said representation vide Annexure 'F';
(b)Consequently, issue a Writ of Mandamus, or any appropriate Writ, Order or Direction, directing the respondent No.3 to issue Khatha in respect of Flat No.204, 2nd Floor, Block No.40, VHBC Vaibhava, having PID No.150200101300721870 - (3124/40/204), situated at Byagadadenahalli Village, Kasaba Hobli, Anekal Taluk, Bangalore, in favour of the petitioners;
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HC-KAR NC: 2025:KHC:33856 WP No. 21123 of 2025
(c)Issue such other Writs, direction and orders as this court deems fit to grant in the
facts and circumstances of the case; and; in the interest of justice and equity."
2.
Learned counsel for respondent nos.2 and 3, upon instructions submits that because of a technical glitch in the software used by the Department of Stamps and Registration, they are unable to verify the sale deed by which the petitioners and their late father purchased the property as claimed in the writ petition and hence, they have not been able to process the request of the petitioners.
3. Once a person intimates the authority concerned about the purchase of the property and submits the necessary records, it is responsibility of the authority concerned to have the same verified and do the needful. The submission of
learned counsel for respondent nos.2 and 3 that because of a technical glitch in the software of the State, they are unable to process the request of the petitioners is not acceptable. It is their responsibility to have it verified and do the needful in accordance with law.
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HC-KAR NC: 2025:KHC:33856 WP No. 21123 of 2025
4. Hence, the following:
ORDER i) The petitioners are given liberty to make a fresh representation to respondent no.3 along with all the necessary particulars regarding change of khata in respect of the property which is the subject matter of the writ petition;
ii) Upon receipt of such a request, respondent no.3 shall consider the same in accordance with law and pass appropriate orders within a period of two months thereafter;
iii) The writ petition stands
disposed of accordingly.
Sd/- (M.I.ARUN) JUDGE
PGG