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2026 DAILYLAW 16227 (KAR)

SMT SHASHIKALA v. THE STATE OF KARNATAKA

WP/30691/2025 · 2026-03-05

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13553 WP No. 30691 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.30691 OF 2025 (LB-RES) BETWEEN: 1. SMT. SHASHIKALA D/O LATE NARAYANAPPA AGED ABOUT 45 YEARS R/AT NO.13/1, NEAR YELLAMMA TEMPLE, KONAPPANA AGRAHARA, ELECTRONIC CITY POST, BANGALORE - 560 100. …PETITIONER [BY SRI. NAGENDRA M., ADVOCATE (ABSENT)] AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT ROOM NO.436, 4TH FLOOR, VIKASASOUDHA BANGALORE - 560 001 REP. BY ITS ADDITIONAL CHIEF SECRETARY. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDHAYA BHAVANA, BANGALORE - 560 009. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13553 WP No. 30691 of 2025 3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION KANDHAYA BHAVANA, BENGALURU - 560 009. 4. THE CHIEF OFFICER KONAPPANA AGRAHARA TMC, ELECTRONIC CITY POST, BANGALORE - 560 100. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R.1 TO R.3; SRI. M.S. DEVARAJU, ADVOCATE FOR R.4.) THIS WP IS FILED UDNER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 04.09.2025 AT ANNEXURE-L BEARING NO.PU.SA.KO.A/KA.SHA/C.R/03/2025-26 AND AT ANNEXURE- L1 BEARING NO:PU.SA.KO.A/KA.SHA./C.R/04/2025-26 PASSED BY THE RESPONDENT NO.4 BASED ON THE APPLICATION OF PETITIONER DATED 25.04.2025, IN THE INTEREST OF JUSTICE AND EQUITY, 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 - 3 - HC-KAR NC: 2026:KHC:13553 WP No. 30691 of 2025 ORAL ORDER 1. The writ petition is filed by the petitioner challenging the order passed by respondent No.4, wherein he has refused issuance of khatha in favour of the petitioner in respect of the property which is the subject matter of the writ petition. 2. Learned counsel for the petitioner is absent. 3. Learned counsel for respondent No.4 upon instructions submits that the petitioner is having an alternative and efficacious remedy under Section 322 of the Karnataka Municipalities Act, 1964, which reads as under:- "322. Revision.—(1) The Director of Municipal Administration may call for and examine the record of any proceedings including orders of assessment and revision of assessment under this Act of any subordinate officer, and after such enquiry as is deemed fit, if he, is satisfied that the order of the subordinate officer is contrary to law and has resulted in a miscarriage of justice, pass such orders thereon as he deems just. (2) Notwithstanding anything in sub-section (1), the Director of Municipal Administration may call for and examine the records of any proceedings of the municipal council including proceedings as appellate authority and if - 4 - HC-KAR NC: 2026:KHC:13553 WP No. 30691 of 2025 satisfied that any order in such proceedings is contrary to law or is prejudicial to the interests of the Municipal area, pass such orders as he deems just. (3) No order under sub-sections (1) and (2) shall be made to the prejudice of any party unless he has had an opportunity of being heard." 4. As the petitioner is having an alternative and efficacious remedy under Section 322 of the Karnataka Municipalities Act, 1964, the writ petition is hereby dismissed, reserving liberty to the petitioner to approach the appropriate forum in accordance with law. 5. In view of dismissal of the main petition, pending interlocutory applications, if any, stand disposed of. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 43