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2025 DAILYLAW 87558 (KAR)

SRI G B MANJUNATH v. CHIKKABALLAPURA MUNICIPAL COUNCIL

WP/27427/2018 · 2025-08-01

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29780 WP No. 27427 of 2018 C/W WP No. 27423 of 2018 WP No. 27425 of 2018 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 27427 OF 2018 (LB-RES) C/W WRIT PETITION NO. 27423 OF 2018 (LB-RES), WRIT PETITION NO. 27425 OF 2018 (LB-RES) AND WRIT PETITION NO. 27426 OF 2018 (LB-RES) IN WP No. 27427/2018 BETWEEN: 1. SRI. G.B.MANJUNATH S/O SUBRAMANYA AGED ABOUT 35 YEARS DARSHAN GOUDA NILAYA 4TH WARD, PRASHANTH NAGAR CHIKKABALLAPUR CITY CHIKKABALLAPUR. …PETITIONER (BY SRI. SUSHEEL KUMAR V. HADLI, ADVOCATE) AND: 1. CHIKKABALLAPURA MUNICIPAL COUNCIL CHIKKABALLAPURA DISTRICT-562 101. …RESPONDENT (BY SRI. S.S. SRINIVASA RAO, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY RESPONDENT AT ANNEXURE-A BEARING NO.NA.SA.CHI/D.C.B/C.R-24/2017- 2018 DATED 10.08.2017 AND ETC. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29780 WP No. 27427 of 2018 C/W WP No. 27423 of 2018 WP No. 27425 of 2018 AND 1 OTHER IN WP NO. 27423/2018 BETWEEN: 1. SRI. K.RAMESH S/O LATE V. KRISHNOJI RAO AGED ABOUT 62 YEARS R/A H.NO.23, WARD NO.4 NEAR GOOD SHEPHERD SCHOOL CHANNAKRISHNAPPA LAYOUT CHIKKABALALPUR CITY CHIKKABALLAPUR. ...PETITIONER (BY SRI. SUSHEELKUMAR V. HADLI, ADVOCATE) AND: 1. CHIKKABALLAPURA MUNICIPAL COUNCIL CHIKKABALLAPUR DISTRICT-562 101. REP. BY ITS COMMISSIONER. ...RESPONDENT (BY SRI. S.S. SRINIVASA RAO, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO.NA.SA.CHI/DCB/CR /2017-18 DATED NIL ISSUED BY THE RESPONDENT AT ANNEXURE-A AND ETC. IN WP NO. 27425/2018 BETWEEN: 1. SRI. V.S.KIRAN KUMAR S/O SRINIVAS SHETTY R/O MANDI BAZZAR 3RD CROSS, CHIKKABALLAPUR CITY CHIKKABALLAPUR. ...PETITIONER (BY SRI. SUSHEEL KUMAR V. HADLI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:29780 WP No. 27427 of 2018 C/W WP No. 27423 of 2018 WP No. 27425 of 2018 AND 1 OTHER AND: 1. CHIKKABALLAPURA MUNICIPAL COUNCIL CHIKKABALLAPURA DISTRICT-562 101. REP. BY ITS COMMISSIONER. ...RESPONDENT (BY SRI. S.S.SRINIVASA RAO, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY RESPONDENT VIDE ANNEXURE-A BEARING NO.NA.SA.CHI/DCB/CR 2017- 18 DATED NIL AND ETC. IN WP NO. 27426/2018 BETWEEN: 1. SMT. SHAHEENA W/O SRI. INAYATH KHAN AGED ABOUT 27 YEARS R/O WARD NO.17 ANJUMAN ROAD KOTE CHIKKABALLAPUR CITY CHIKKABALLAPUR. ...PETITIONER (BY SRI. SUSHEELKUMAR V.HADLI, ADVOCATE) AND: 1. CHIKKABALLAPURA MUNICIPAL COUNCIL CHIKKABALLAPURA DISTRICT-562 101. REP. BY ITS COMMISSIONER. ...RESPONDENT (BY SRI. S.S.SRINIVASA RAO, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE - 4 - HC-KAR NC: 2025:KHC:29780 WP No. 27427 of 2018 C/W WP No. 27423 of 2018 WP No. 27425 of 2018 AND 1 OTHER RESPONDENT AT ANNEXURE-A BEARING NO.NA.SA.CHI/D.C.B./CR 2017-18 DATED NIL AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioners, claiming to be the owners of the properties which are the subject matter of the writ petitions, have made applications to the respondent-City Municipal Council to change the khata of the properties in their names. The respondent has demanded certain documents from the petitioners. Aggrieved by the same, the present writ petitions are filed with a prayer to set aside the endorsement and also direct the respondent to change the khata. 2. When a person purchases a property and makes a request for change of katha of the said property into his name, it is within the jurisdiction of the respondent-City Municipal Council to demand production of certain documents so that the same can be verified and khata can be issued in favour of the said purchaser. If the petitioners are not having certain - 5 - HC-KAR NC: 2025:KHC:29780 WP No. 27427 of 2018 C/W WP No. 27423 of 2018 WP No. 27425 of 2018 AND 1 OTHER documents, they are always at liberty to explain the same to the respondent-Municipal Council as to why they are not in possession of the said documents and as to why the khata has to be still transferred into their names. Upon receipt of such an explanation, the respondent is bound to consider the same in accordance with law and take a decision as to whether katha can be transferred or rejected. If the same is being rejected, it has to be done by way of a speaking order. 3. In the instant case, the petitioners have rushed to this Court by way of a writ petition without giving any reply to the respondent, subsequent to the endorsement issued to them. This is not permissible. Hence, the following: ORDER (i) The writ petitions are disposed of reserving liberty to the petitioners to submit a reply to the respondent-City Municipal Council as to why they should be exempted from production of certain documents demanded from the respondent; (ii) Upon receipt of the same, the respondent shall consider it in accordance with law and take - 6 - HC-KAR NC: 2025:KHC:29780 WP No. 27427 of 2018 C/W WP No. 27423 of 2018 WP No. 27425 of 2018 AND 1 OTHER appropriate decision. The same shall be done within an outer limit of 12 weeks thereafter. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 38