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2025 DAILYLAW 76627 (KAR)

SRI. B SUNDAR RAJ v. THE COMMISSIONER

WP/16328/2023 · 2025-08-30

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34294 WP No. 16328 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. 16328 OF 2023 (LB-RES) BETWEEN: 1. SRI. B.SUNDAR RAJ S/O SRI. BHASKAR ACHAR AGED ABOUT 77 YEARS NO.63, 1ST MAIN ROAD, 7TH CROSS, ANANTHANAGAR BAPUJINAGAR, MYSORE ROAD BANGALORE-560 026. …PETITIONER (BY SRI. VENKATESHA T.S., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002. 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) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34294 WP No. 16328 of 2023 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ISSUE KATHA WITH RESPECT TO PROPERTY BEARING SITE NO.37, PID NO.40-189-37 SITUATED IN A LAYOUT FORMED BY THE BAPUJI CO-OPERATIVE HOUSING SOCIETY LTD. KEMPAPURA AGRAHARA, CHANDRA LAYOUT (BAPUJI LAYOUT), BANGALORE I.E., SCHEDULE PROPERTY AND ETC. THIS PETITION COMING ON FOR ORDERS, 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 the property bearing site No.37, PID No.40-189-37, situated in a layout formed by the Bapuji Co-operative Housing Society Ltd., Kempapura Agrahara, Chandra layout (Bapuji Layout), Bangalore and he has requested the respondents-BBMP to issue a khata in respect of the property in his name. 2. The request of the petitioner has not been considered by the BBMP on the ground that there is an appeal bearing No.846/2009 pending before Karnataka Appellate - 3 - HC-KAR NC: 2025:KHC:34294 WP No. 16328 of 2023 Tribunal and an endorsement is issued to the petitioner to this effect. Aggrieved by the same, the petitioner has 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.37, PID No.40-189-37, situated in a 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/17-2022-23 issued by the 2nd Respondent, marked as Annexure-A dated 21/11/22. 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.846/2009 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 petitioner in accordance with law and pass appropriate orders provided the petitioner makes a fresh application with all the necessary particulars. 5. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:34294 WP No. 16328 of 2023 ORDER i) The petitioner is 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