- 1 - HC-KAR NC: 2025:KHC:39650-DB WA No. 1617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1617 OF 2025 (LB-BMP) BETWEEN: 1. C.R. GOPINATH S/O LATE C. RAJAGOPAL AGED ABOUT 90 YEARS R/A No. 11, 4TH CROSS CENTRAL EXCISE LAYOUT VIJAYANAGAR BENGALURU - 560 040. …APPELLANT (BY SRI H. PAVANA CHANDRA SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY ITS SECRETARY. 2. THE COMMISIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, HEAD OFFICE BENGALURU - 560 002. Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39650-DB WA No. 1617 of 2025 3. THE ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE WARD No. 108 SRI RAMA MANDIRA RAJAJINAGAR IV BLOCK BENGALURU - 560 010. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 02.07.2025 IN WRIT PETITION No.16431/2025 (LB-BMP) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW THIS WRIT APPEAL AS PRAYED IN THE WRIT PETITION WITH COSTS THROUGHOUT AND GRANT SUCH OTHER RELIEF'S AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application - I.A.1/2025, the same is allowed. The delay in filing the appeal is condoned. - 3 - HC-KAR NC: 2025:KHC:39650-DB WA No. 1617 of 2025 2. The learned counsel appearing for the appellant has filed the present appeal impugning an order dated 02.07.2025 passed by the learned Single Judge in W.P.No.16431/2025 (LB-BMP). The appellant had filed the said petition, inter alia, praying that directions be issued for issuing the katha in the name of the appellant in respect of site bearing No.984, measuring 167.17 square meters situated at 4th 'M' Block, Rajajinagar, Bengaluru. The said writ petition was rejected as the subject property had already been subject of a sale transaction pursuant to the general power of attorney (GPA) issued by the appellant. It is the appellant's case that he had not issued any such GPA and same was forged. The appellant also seeks to challenge the registered sale deed on the aforesaid basis. In view of the above, the learned Single Judge had dismissed the writ petition with liberty to the appellant to challenge the sale deed in accordance with law before the competent Civil Court. 3. The learned counsel submits that the respondent - authorities had also issued an endorsement dated 27.06.2025, which was inadvertently not challenged in the writ petition. He seeks liberty to challenge the said endorsement as well. - 4 - HC-KAR NC: 2025:KHC:39650-DB WA No. 1617 of 2025 4. The dispute sought to be raised by the appellant would clearly require examination of disputed questions of fact and thus it would not be apposite for this Court to entertain such disputes in exercise of power under Article 226 of the Constitution of India. The learned counsel submits that the appellant be granted liberty to approach the Civil Court. He also requests that since the appellant is of an advanced age, directions be issued for an expeditious disposal of the civil action that may be instituted. 5. Given the nature of disputes, the impugned order cannot be faulted. Concededly, the appellant's remedy lies before a Civil Court. 6. The appellant is at liberty to institute an appropriate suit for remedies in accordance with law. We also clarify that the endorsement dated 27.06.2025 will not preclude institution of any such action. Further, if the appellant prevails in any such suit, the concerned authorities shall pass necessary entries for reflecting the same. Since the appellant is senior citizen, it is open for the appellant to also seek an expeditious disposal of any suit that the appellant may institute. We expect that any such request made would be considered sympathetically. - 5 - HC-KAR NC: 2025:KHC:39650-DB WA No. 1617 of 2025 7. The appeal is disposed of with the aforesaid observation. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD, List No.: 1 Sl No.: 42