Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 74391 (KAR)

SRI MOHAMMED GHASEEB P A v. THE STATE OF KARNATAKA

WP/20245/2025 · 2025-12-03

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50808 WP No. 20245 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20245 OF 2025 (GM-ST/RN) BETWEEN: 1. SRI MOHAMMED GHASEEB P A S/O P K ABUBAKAR AGED ABOUT 42 YEARS R/AT NO 6, 8TH CROSS ST BED LAYOUT FRIENDS COLONY NEAR EMBASSY MEADOWS KORAMANGALA 4TH BLOCK BENGALURU 560034 …PETITIONER (BY SRI. BALAKRISHNA M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY CHIEF SECRETARY VIDHANA SOUDHA BENGALURU 560001 2. THE COMMISSIONER KARNATAKA HOUSING BOARD KAVERI BHAVAN, KG ROAD BENGALURU- 560009 …RESPONDENTS (BY SRI.B RAVINDRANATH, AGA FOR R1: SRI. SHARAN P SABARAD, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AUTHORITY TO RECTIFY THE NAME OF THE PETITIONER IN THE SALE DEED DATED 23.01.2009 AT ANNEXURE -A BY EXECUTING NECESSARY DOCUMENTS IN FAVOUR OF THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50808 WP No. 20245 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: A. Issue a writ of Mandamus directing the Respondent No.2 authority to rectify the name of the Petitioner in the Sale Deed dated 23.01.2009 at Annexure-A, by executing necessary documents in favour of the Petitioner; B. Pass such other direction or order as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner had made an application to Respondent No.2 for allotment of a site in pursuance of which, a site bearing No.5 HIG in KHB Colony, Javagal, Arasikere Taluk, Hassan District measuring 216 sq.mtrs has been allotted to the Petitioner. 3. The contention of the petitioner is that though his actual name is Mohammed Ghaseeb P.A., he had applied for the said site in the name of V.K.Mohammed Sharieff, based on the advice of his family astrologer, who had indicated that changing his name from Mohammed Ghaseeb P.A., to - 3 - HC-KAR NC: 2025:KHC:50808 WP No. 20245 of 2025 V.K.Mohammed Sharieff would be auspicious and would bring good fortune. Once the allotment was made in favour of the petitioner, a sale deed came to be executed on 23.01.2009. The petitioner on 27.06.2024 approached respondent No.2 to rectify the name by showing the actual name of the petitioner which is not considered and the same came to be rejected vide order dated 9.8.2024 at Annexure-J. It is in that background the petitioner is before this Court seeking for the aforesaid reliefs. However, no relief has been sought for in respect to the rejection order passed by respondent No.2. 4. The facts and the timeline above indicate that the sale deed was executed on 23.01.2009 and the petitioner had approached Respondent No.2 only on 27.06.2024 after a gap of 15 years. The identity of the person being in dispute, I am of the considered opinion that the same cannot be adjudicated in a proceeding of this nature in a writ petition under - 4 - HC-KAR NC: 2025:KHC:50808 WP No. 20245 of 2025 Article 226 and 227. It would be required for the petitioner to establish the identity of himself to be the same as V.K.Mohammed Sharieff who had applied for the allotment of the site and then seek for necessary reliefs. Reserving such liberty, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 77