Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 73960 (KAR)

SMT. PADMA N v. THE COMMISSIONER

WP/20572/2023 · 2025-08-30

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34293 WP No. 20572 of 2023 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. 20572 OF 2023 (LB-BMP) BETWEEN: 1. SMT. PADMA N. W/O LATE K.R.PARTHASARTHY AGED ABOUT 73 YEARS RESIDING AT NO.136/B 8TH CROSS ROAD, 4TH MAIN ROAD BAPUJINAGAR, BANGALORE - 560 026. 2. SRI. MANJUNATHA K.P. S/O LATE K.R. PARTHASARTHY AGED ABOUT 50 YEARS NO.10, 1ST C MAIN VIAJAYNAGAR 2ND PHASE BANGALORE - 560 040. 3. SMT. VEENA K.P S/O LATE K.R.PARTHASARTHY AGED ABOUT 45 YEARS NO.240, 23RD CROSS KUMARASWAMY LAYOUT BANGALORE-560 078. 4. SRI.K.P MAHESH PRASAD S/O LATE. K.R.PARTHASARTHY AGED ABOUT 42 YEARS RESIDING AT NO.136/B 8TH CROSS ROAD Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34293 WP No. 20572 of 2023 4TH MAIN ROAD, BAPUJINAGAR BANGALORE - 560 026. …PETITIONERS (BY SRI. VENKATESHA T.S., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 001. 2. THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE GAALI ANJANEYA TEMPLE DIVISION AT 1ST FLOOR OF EJUKOLA 9TH CROSS ROAD, R.P.C LAYOUT HAMPINAGARA, VIJAYANAGARA 2ND STAGE, BANGALORE-560 040. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO ISSUE KATHA WITH RESPECT TO PROPERTY BEARING SITE NO.14, SITUATED IN A LAYOUT FORMED BY THE BAPUJI CO-OPERATIVE HOUSING SOCIETY LTD., KEMPAPURA AGARAHARA, CHANDRA LAYOUT (BAPUJI LAYOUT), BANGALORE I.E. SCHEDULE PROPERTY 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: - 3 - HC-KAR NC: 2025:KHC:34293 WP No. 20572 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioners is that they are the owners of the property bearing site No.14, situated in a layout formed by the Bapuji Co-Operative Housing Society Ltd., Kempapura Agrahara, Chandra Layout (Bapuji Layout), Bangalore and they have requested the respondents-BBMP to issue a khata in respect of the property in their name. 2. The request of the petitioners has not been considered by the BBMP on the ground that there is an appeal bearing No.193/2010 pending before Karnataka Appellate Tribunal and an endorsement is issued to the petitioners to this effect. Aggrieved by the same, the petitioners have filed the present writ petition with the following prayers: "a. Writ of mandamus or any other Writ, thereby directing the Respondents to issue Katha with respect to Property bearing Site No.14, situated in a - 4 - HC-KAR NC: 2025:KHC:34293 WP No. 20572 of 2023 Layout formed by the Bapuji Co-operative Housing Society Ltd., Kempapura Agrahara, Chandra layout (Bapuji Layout), Bangalore, i.e., Schedule Property. b. Consequently a Writ of Certiorari or any other order or Writ thereby Quashing the Endorsement No.DA/WA-132/KTR/38/2022-23 issued by the 2nd Respondent, marked as Annexure-A dated 16/03/23. c. Issue such other order/orders as deemed fit in the circumstances of the case including costs." 3. It is submitted that subsequent to filing of the writ petition, appeal No.193/2010 has been disposed of before Karnataka Appellate Tribunal. 4. Learned counsel for BBMP submits that there is no objection to consider the case of the petitioners in accordance with law and pass appropriate orders provided the petitioners make a fresh application with all the necessary particulars. 5. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:34293 WP No. 20572 of 2023 ORDER i) The petitioners are given liberty to make a fresh application along with all the necessary particulars for issuance of khata; ii) Upon receipt of such an application, the jurisdictional officer of BBMP shall consider the same in accordance with law and pass appropriate orders within a period of eight weeks thereafter; iii) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG