SRI A N MANI DATTA v. THE ASSISTANT REVENUE OFFICER (MALLESHWARAM SUB-DIVISION)
WP/18288/2025 · 2025-09-11
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88343 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88343 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:36118 WP No. 18288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 18288 OF 2025 (LB-BMP) BETWEEN:
SRI A N MANI DATTA AGED ABOUT 44 YEARS S/O SRI.AR NARENDRANATH, RESIDING AT NO-10, A.R.S HOUSE, 2ND CROSS, NEAR SBI, MALLESWARAM, BENGALURU - 560 003. …PETITIONER (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND:
THE ASSISTANT REVENUE OFFICER (MALLESHWARAM SUB-DIVISION) BRUHUT BANGALORE MAHANAGARA PALIKE MALLESHWARAM SUB-DIVISION 16TH CROSS ROAD, OPPOSITE TO CHOUDAIAH MEMORIAL HALL, KODANDARAMAPURA, VAIYALIKAVAL, BANGALORE - 560 003. …RESPONDENT (BY SRI. S J PURANIK, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - DIRECTING THE RESPONDENT TO FORTHWITH ISSUE THE E- Digitally signed by SHARADAVANI B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:36118 WP No. 18288 of 2025 KHATHA IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY BEARING NO.116, PID NO.7-17-116, AS THE PETITIONER HAS COMPLIED WITH ALL THE STATUTORY REQUIREMENTS AND IS LEGALLY ENTITLED TO THE SAME ETC.,
THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner is said to have purchased the writ petition schedule property in a bank auction dated
07.03.2025. Thereafter, he has approached the Bruhat Bengaluru Mahanagara Palike (for short, 'the BBMP') for transfer of E-Khata in respect of the said property in his favour. As the same has not been done, the present writ petition is filed with the following prayers:
"1. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent to forthwith issue the E-Khatha in favour of the Petitioner in respect of the Schedule Property bearing No.116, PID No.7-17- 116, as the Petitioner has complied with all the statutory requirements and is legally entitled to the same.
- 3 -
HC-KAR NC: 2025:KHC:36118 WP No. 18288 of 2025
2. To award costs and grant such other relief(s) as it deems fit and expedient in the circumstances of the case, by passing a reasoned
order in the interests of justice and equity."
2.
Learned counsel for the BBMP, upon instructions, submits that the erstwhile owner of the property has filed objections and it is submitted that the erstwhile owner has taken steps to challenge the sale made in favour of the petitioner by the bank and for that reason, the E-Khata has not been transferred in favour of the petitioner.
3. Admittedly, the petitioner has purchased the property by way of a public auction. Under the circumstances, the BBMP is bound to transfer the E-Khata in favour of the petitioner. It is always open for the erstwhile owner of the property to dispute the validity of the sale in the manner known to law and if the erstwhile owner were to succeed in the same, the BBMP can always change the E-Khata in favour of the erstwhile owner subsequently. However, that cannot be a ground for the
- 4 -
HC-KAR NC: 2025:KHC:36118 WP No. 18288 of 2025 BBMP to refuse transfer of E-Khata in favour of the petitioner when he has purchased the same in an auction.
4. Hence, I proceed to pass the following:
ORDER i. The Writ Petition is hereby disposed of. ii. The respondents are hereby directed to issue E-Khata in favour of the petitioner in respect of the writ petition schedule property within a period of eight (08) weeks from today. I.A.No.1/2025 is hereby dismissed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 55