- 1 - HC-KAR NC: 2025:KHC:47377 WP No. 32352 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 32352 OF 2025 (LB-BMP) BETWEEN: CAN FIN HOMES LIMITED A NON-BANKING HOUSING FINANCE COMPANY, INCORPORATED UNDER COMPANIES ACT, 1956. REGULATED UNDER THE PROVISIONS OF THE NATIONAL HOUSING BANK ACT, 1987 HAVING REGISTERED OFFICE AT NO.29/1, SIR. M.N. KRISHNA RAO ROAD, LALBAGH WEST, BASAVANAGUDI, BANGALORE-560004. REPRESENTED BY ITS AUTHORIZED OFFICER / SENIOR MANAGER SRI. SHIVA V.R. THROUGH D. NARAYANA SWAMY, ADVOCATE-9945138186. …PETITIONER (BY SRI. NARAYANA SWAMY D., ADVOCATE) AND: 1. CHIEF COMMISSIONER BBMP BRUHAT BENGALURU MAHANAGARA PALIKE OFFICE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560002. 2. ASSISTANT REVENUE OFFICER. YELAHANKA SUB DIVISION, WARD NO.1 AND 2, GRATER BANGALORE AUTHORITY, BENGALURU-560064. 3. INSPECTOR GENERAL OF REGISTRATION KANDAYA BHAVAN, 8TH FLOOR, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47377 WP No. 32352 of 2025 AMBEDKAR VEEDHI, BENGALURU, KARNATAKA-560009. 4. DISTRICT REGISTRAR OFFICE OF THE DISTRICT REGISTRAR BYATARAYANAPURA, SRI VENKATESWARA RESIDENCY, 83/8, 3RD CROSS ROAD, NEAR BALAMURI GANAPATHI TEMPLE, JRD TATANAGAR, KODIGEHALLI, BENGALURU, KARNATAKA-560092. 5. SUB REGISTRAR BYATARAYANAPURA SUB REGISTRAR OFFICE, SRI VENKATESWARA RESIDENCY, 83/8, 3RD CROSS RD, NEAR BALAMURI GANAPATHI TEMPLE, JRD TATANAGAR, KODIGEHALLI, BENGALURU, KARNATAKA-560092. …RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI. B. BOPANNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.3 TO 5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DECIDE ON THE APPLICATION FILED BY PETITION FOR CHANGE OF E KHATHA IN RESPECT OF SCHEDULE MORTGAGED PROPERTY IN FAVOUR OF PETITIONER AS PER ACKNOWLEDGMENT DATED 22.08.2025 ANNEXED AT ANNEXURE-F ISSUED BY RESPONDENT NOS. 1 AND 2 THROUGH THEIR WEBSITE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47377 WP No. 32352 of 2025 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondents to decide the application filed by it for change of eKhata of the schedule mortgaged property in its favour. 2. The petitioner is a Non-Banking Housing Finance Company. It had a secured interest in the western portion of the property bearing No.68, katha No.1158, allot. No.3 formed in converted land in Sy. No.10/1 situate at Venkataala village and Sy. Nos.60/1, 61/1 and 61/2-A of Kogilu village formed by Sri Maruthi Badavara Gruha Nirmana Seva Sangha situate at Maruthinagara, Kogilu Road, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru (henceforth referred to as ‘the subject property). The petitioner took out proceedings under the Securitisation and Reconstruction of Financial Assets Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short) to recover the dues and proceeded to sell the subject property in an auction. It also issued a sale certificate dated 11.09.2025 in favour of the purchaser. Thereafter, it submitted - 4 - HC-KAR NC: 2025:KHC:47377 WP No. 32352 of 2025 an online application to the respondent Nos.1 and 2 for change of khata of the subject property in its favour and same was acknowledged on 22.08.2025. The petitioner claims that the said application is not considered by the respondents. It, therefore, prays that a direction be issued to the respondents to consider the application and issue the eKhata in respect of the subject property. 3. Learned counsel for the petitioner reiterated the above submissions and submitted that the petitioner is entitled to get its name entered in the eKhata in respect of the subject property. 4. The petitioner is not the owner of the subject property but claims that it had a security interest in it. It has claimed that it sold the subject property to the bidder by proceeding under the Security Interest (Enforcement) Rules, 2002 and executed a sale certificate in his favour on 11.09.2025. Therefore, the petitioner has no present interest in the subject property and hence, it cannot compel the respondents to enter its name in the ekhata of the subject - 5 - HC-KAR NC: 2025:KHC:47377 WP No. 32352 of 2025 property. If any person is entitled to get the khatha, it is only the auction purchaser and not the petitioner. 5. Under the circumstances, no direction can be issued to the respondents to enter the name of the petitioner in the eKhata in respect of the property. Hence, the petition is dismissed. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 34