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2025 DAILYLAW 79783 (KAR)

SMT. MUBEENA v. DEPUTY COMMISSIONER

WP/23890/2023 · 2025-12-18

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54274 WP No. 23890 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 23890 OF 2023 (LB-RES) BETWEEN: SMT. MUBEENA W/O LATE SYED ABBAS AGED 45 YEARS C/O H.M.S. TEXTILES, BAZAAR ROAD, CHICKBALLAPUR. …PETITIONER (BY SRI. MAJUNATH NAYAK, ADVOCATE ALONGWITH SMT. MAMATA GURURAO KULKARNI, ADVOCATE) AND: 1. DEPUTY COMMISSIONER CHICKBALLAPUR DIST AND CHAIRMAN IDSMT COMMITTEE, ZILLA AADALITHA BHAVAN CHICKBALLAPUR-562101 2. THE COMMISSIONER CITY MUNICIPALITY AND MEMBER SECRETARY IDSMT LAYOUT, CHICKBALLAPUR DIST-562101 …RESPONDENTS (BY SRI. B. BOPANNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. VIJAYA KRISHNA BHAT, ADVOCATE FOR RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS ANNEXURES - E, F, G AND H DATED 28.01.2011, 21.07.2016, 04.02.2021 AND 17.06.2023 IN REGARD TO ISSUANCE OF KHATA CERTIFICATE FOR THE SITE Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54274 WP No. 23890 of 2023 ALLOTTED TO HER UNDER IDSMT SCHEME IN RESPECT OF WHICH PETITIONER HAD ALREADY PAID THE ENTIRE CONSIDERATION YEARS AGO AND WAS/IS PAYING PROPERTY TAX REGULARLY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 consider the representations dated 28.01.2011, 21.07.2016, 04.02.2021 and 17.06.2023 with regard to issuance of khatha certificate for the site allotted to her under Integrated Development of Small and Medium Towns Scheme (for short 'IDSMT' Scheme) in respect of which, she had already paid the entire consideration years ago and is paying property tax regularly. 2. Sri.Mansoor Ali, the Commissioner of the respondent No.2 is present. He submits that though the site in question was allotted to the petitioner, but due to a mistake it was conveyed to Sri.Ramachandra Vishwanath. He submits that the khatha of the property in question is now transferred to Sri.Ramachandra Vishwanath and therefore, the respondent - 3 - HC-KAR NC: 2025:KHC:54274 WP No. 23890 of 2023 No.2 is not in a position to change it. He contends that an alternate site would be allotted to the petitioner. 3. If the petitioner was allotted the site in question by respondent No.2, the same site could not have been allotted subsequently to Sri.Ramachandra Vishwanath. Therefore, the respondent No.2 is bound to take necessary steps to correct this mistake and ensure that the khatha of the property is transferred to the name of the petitioner. 4. The respondent No.2 is therefore directed to take necessary measures in this regard. It is open for the respondent No.2 to allot an alternate site to Sri.Ramachandra Vishwanath. This shall be complied within a period of three months from today. 5. The writ petition is disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 5