M/S UNIQUE SERVICES MINMETALS PRIVATE LIMITED v. THE STATE OF KARNATAKA
WP/11465/2026 · 2026-04-27
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17511 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17511 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:23338 WP No. 11465 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.11465 OF 2026 (LB-BMP)
BETWEEN:
1.
M/S. UNIQUE SERVICES MINMETALS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT #.1 'A', 3RD FLOOR, 'A' BLOCK, JUDICIAL COLONY, FHBCS LAYOUT, ABOVE INDUSIND BANK, SANJAYANAGAR MAIN ROAD, RMV II STAGE, OPP. CAFE COFFEE DAY, BENGALURU - 560 094, REPRESENTED BY ITS MANAGING DIRECTOR MR. R. SAMPATH KUMAR.
…PETITIONER (BY SRI. VEERESHA K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:23338 WP No. 11465 of 2026
2.
THE COMMISSIONER BENGALURU CENTRAL CITY CORPORATION, EARLIER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002.
3.
THE REVENUE OFFICER BENGALURU CENTRAL CITY CORPORATION, EARLIER BRUHAT BENGALURU MAHANAGARA PALIKE, SHANTINAGAR SUB-DIVISION, BENGALURU-560 027.
4.
THE ASSISTANT REVENUE OFFICER / CONCERNED KHATHA AUTHORITY BENGALURU CENTRAL CITY CORPORATION, EARLIER BRUHAT BENGALURU MAHANAGARA PALIKE, SHANTINAGAR SUB-DIVISION, BENGALURU-560 027.
5.
THE SPECIAL LAND ACQUISITION OFFICER KIADB (BMRCL METRO PROJECT) MAHARSHI BUILDING, NRUPATHUNGA ROAD BENGALURU-560 001.
…RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R.1;
SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R.2 TO R.4;
SRI. T. SOMASHEKAR, ADVOCATE FOR R.5.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ENDORSEMENT BEARING NO.KAM.AA/SHA.NA/PI.AR01/026-27, DATED 01-04-2026 ISSUED BY RESPONDENT NOS.3 AND 4-BBMP, PURSUANT TO
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HC-KAR NC: 2026:KHC:23338 WP No. 11465 of 2026
THE REQUEST FOR KHATHA DETAILS IN RESPECT OF THE ACQUIRED PROPERTY, WHEREIN IT HAS BEEN STATED THAT THERE ARE NO DOCUMENTS AVAILABLE TO SHOW AS TO HOW THE KHATHA CAME TO BE STANDING IN THE NAME OF M/S.UNIQUE SERVICES MINMETALS PRIVATE LIMITED, THE SAME BEING PRODUCED AT ANNEXURE-H, ETC.
THIS PETITION, 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
1. Petitioner purchased the properties which is the subject matter of the writ petition on 04.03.2010. However, he could not get the necessary khata transferred into his name immediately. In the year 2018, the properties were notified for acquisition by the Karnataka Industrial Areas Development Board (KIADB) and a final notification came to be issued in the year 2019. Thereafter, the petitioner requested KIADB to pass the award in his favour. Respondent no.5 - KIADB released a part of the award amount in favour of the petitioner and deposited the same before the Debt Recovery Tribunal (DRT) as there was a loan availed by the petitioner and the proceedings pending against him before the DRT. However, with regard to
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HC-KAR NC: 2026:KHC:23338 WP No. 11465 of 2026
the remaining amount, respondent No.5 insisted that the petitioner should get the khata in respect of the properties concerned. Hence, the petitioner approached the Bruhat Bengaluru Mahanagara Palike (BBMP) / Greater Bengaluru Authority (GBA) for issuance of the khata in respect of the properties concerned. However, the same has not been considered positively by the GBA because presently, the properties were acquired by respondent No.5- KIADB and are not in possession of the petitioner. Aggrieved by the same, the present writ petition is filed with the following prayers:-
"a) issue a writ of certiorari or any other appropriate writ,
order direction, quashing the endorsement bearing No.Kam.Aa/Sha.Na/Pi.Ar01/026-27, dated 01-04-2026 issued by respondent Nos.3 and 4 - BBMP, pursuant to the request for khatha details in respect of the acquired property, wherein it has been stated that there are no documents available to show as to how the khatha came to be standing in the name of M/s Unique Services Minmetals Private Limited, the same being produced at Annexure-H; b) issue a writ of mandamus or any other appropriate writ, order or direction directing respondent Nos. 2 to 4 to consider the petitioner's registered sale deeds, produced at Annexures-B & B1 respectively the khatha certificates
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HC-KAR NC: 2026:KHC:23338 WP No. 11465 of 2026
at Annexures-C, C1&C2 respectively khatha extracts standing in the names of the earlier owners, the application dated 04-03-2010 at Annexure-D acknowledged on 05-03-2010 at Annexure-D1, the fee paid thereon, the supporting documents submitted along with the said application, the endorsement dated 07-04-2010 at Annexure-E, the subsequent communication dated 16-04-2010 at Annexure-E1 and the affidavit at Annexure-E2 and consequently effect transfer of khatha / issue khatha certificate and khatha extract in favour of the petitioner-company, within such time as may be fixed by this Hon'ble Court; c) issue a writ of mandamus or any other appropriate writ, order or direction directing respondent Nos. 3 and 4 to record, declare and recognize the petitioner-company in the municipal records as the owner / khathedar of the schedule property for khatha purposes, on the basis of the registered sale deeds and the connected title and municipal records produced by the petitioner; d) issue a writ of mandamus or any other appropriate writ, order or direction directing respondent No.5 to release the compensation amount in favour of the petitioner; as the petitioner is the absolute owner of the property. e) grant such other writ, order or direction as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity."
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HC-KAR NC: 2026:KHC:23338 WP No. 11465 of 2026
2. As the properties are not presently standing in the name of the petitioners, the question of directing the BBMP/GBA to issue khata in respect of the properties in favour of the petitioner cannot be granted. Further, it is not permissible to direct the BBMP to issue a pre-dated khata as requested by the petitioner.
Hence, none of the prayers made by the petitioner against the BBMP/GBA can be granted. 3. Insofar as it relates to KIADB, if it is of the opinion, based on the documents submitted, that the petitioner is the owner of the properties and no one else is the owner of the properties, then in that event, KIADB is at liberty to release the compensation amount in favour of the petitioner. If it is unsure about the ownership of the properties, then in that event, it shall pass an award and deposit the amount before the Reference Court. 4. Sri.T.Somashekar, learned counsel appearing for the KIADB (respondent No.5), upon instructions, submits that the petitioner is the owner of the properties and a portion of the award amount has already been released in his favour by way of deposit before the DRT. With regard to the balance amount,
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HC-KAR NC: 2026:KHC:23338 WP No. 11465 of 2026
he submits that KIADB has no objection to deposit the same before the DRT/ Bank / or pay it to the petitioner as desired by him. 5. Based on the submissions made by the learned counsel appearing for respondent no.5 (KIADB), respondent No.5 is
directed to release the balance award amount in favour of the petitioner in accordance with law. Accordingly, the writ petition stands disposed of.
6. Pending interlocutory applications, if any, stand disposed of.
Sd/- (M.I.ARUN) JUDGE
VMB List No.: 1 Sl No.: 71