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2026 DAILYLAW 17798 (KAR)
SMT. K. SHOBHA RAGHUTHAMAN v. THE GREATER BENGALURU AUTHORITY
WP/15314/2026 · 2026-05-14
S R Krishna Kumar
body2026
[ 2026 DAILYLAW 17798 (KAR) · dailylaw.ai ]
[ 2026 DAILYLAW 17798 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:24770 WP No. 15314 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15314 OF 2026 (LB-BMP) BETWEEN:
SMT. K. SHOBHA RAGHUTHAMAN W/O.SRI. O.RAGHUTHAMAN, AGED ABOUT 71 YEARS, RESIDING AT PRASANTHI, PATRO LANE, KARANGALPADI, KODIALBAIL POST, MANGALURU- 575 003. …PETITIONER (BY SRI. Y.S. HANUMANTHA REDDY, ADVOCATE) AND:
1.
THE GREATER BENGALURU AUTHORITY BENGALURU WEST CITY CORPORATION,
1ST FLOOR, BBMP SWIMMING POOL BUILDING,
9TH CROSS, HAMPINAGAR, BENGALURU-560 104.
REPRESENTED BY ITS COMMISSIONER.
2.
ASSISTANT REVENUE OFFICER, GALI ANJANEYA SWAMY DEVASTHNA
SUB DIVISION, 1ST FLOOR,
BBMP SWIMMING POOL BUILDING,
9TH CROSS, HAMPINAGAR,
BENGALURU-560 104.
3.
SRI.MAHESH PRASAD K P S/O. LATE. SRI. PARTHASARATHY.K.R, AGED ABOUT 45 YEARS,
RESIDING AT NO. 136/B,
4TH MAIN ROAD, 8TH CROSS,
BAPUJINAGAR, MYSORE ROAD,
BENGALURU- 560 026. …RESPONDENTS
(BY SRI. B.S.KARTHIKEYAN, ADVOCATE FOR R-1 & R-2 VIDE ORDER DATED: 14.05.2026, NOTICE TO R-3 IS DISPENSED WITH)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:24770 WP No. 15314 of 2026
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO. SA.KAM.A (G.A.DE) WA 132/PR/36/2025-26 DATED 20.03.2026 ISSUED BY RESPONDENT NO.2, VIDE ANNEXURE-J TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“(a) Issue Writ of Certiorari and quash the endorsement bearing no. SA.KAM.A (G.A.DE) WA 132/PR/36/2025-26 dated 20.03.2026 issued by Respondent No.2, Vide ANNEXURE-J to the Writ Petition., (b) Issue Writ of Mandamus directing the Respondent No.2, not to change or transfer the Katha in respect of the Schedule Property in the name of the Respondent No.3, during the pendency of the suit in O.S. No.3308/2026, pending on the file of the City Civil and Sessions Judge, at Bengaluru(CCH-16), vide ANNEXURE- F to the Writ Petition; (c) Issue such other order or direction this Hon'ble court deems fit to grant in the facts and circumstance of the case, in the interest of justice and equity.”
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HC-KAR NC: 2026:KHC:24770 WP No. 15314 of 2026
2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 and 2 and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner invited my attention to the
order of the Co-ordinate Bench of this Court in the case of Sri. Hemanth Kumar S.K. Vs. The Greater Bengaluru Authority and others – W.P.No.11151/2026 dated 24.04.2026, in order to contend that the present petition deserves to be disposed of in terms of the aforesaid decision.
4. Per contra, learned counsel for respondent Nos.1 and 2 submits that there is no merit in the petition and that the same is liable to be dismissed.
5. As rightly contended by the learned counsel for the petitioner, the present petition is directly and squarely covered by the decision of a Co-ordinate Bench of this Court in the case of Sri. Hemanth Kumar S.K. Vs. The Greater Bengaluru Authority and
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HC-KAR NC: 2026:KHC:24770 WP No. 15314 of 2026
others – W.P.No.11151/2026 dated 24.04.2026,, which reads as under:
“There is a dispute in respect of a property between petitioner and respondent no.3. Respondent no.3 filed W.P.No.16392/2023 for grant of khata in respect of the property in his name. This Court has disposed of W.P.No.16392/2023 by passing the following order.
"i) The petitioner is given liberty to make a fresh application along with all the necessary particulars for issuance of khata; ii) Upon receipt of such an application, the jurisdictional officer of BBMP shall consider the same in accordance with law and pass appropriate orders within a period of eight weeks thereafter; iii) The writ petition stands disposed of accordingly."
2. Pursuant to the order passed by this Court, respondent nos.1 and 2 have initiated action to consider the representation of respondent no.3 regarding grant of khata. The petitioner has objected to the same contending that he is the owner of the property concerned. It is noticed that petitioner has filed O.S.No.1512/2025 against respondent no.3 in respect of the property, and has failed to obtain an interim order in his favour so far. Hence, respondent no.2 has issued an endorsement to the petitioner stating that if the petitioner does not obtain any interim orders against the
order passed in W.P.No.16392/2023, in that event respondent no.2 will consider the request of respondent
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HC-KAR NC: 2026:KHC:24770 WP No. 15314 of 2026
no.3 and will pass appropriate orders in accordance with law after obtaining necessary opinion from its law department. Aggrieved by the said endorsement, the present writ petition is filed.
3. The case of the petitioner is that, he is entitled to khata of the property and not respondent no.3 and it is submitted that respondent no.2 intends to issue khata in favour of respondent no.3 without considering the rights of the petitioner.
4. Perusal of the impugned endorsement at Annexure-J to the writ petition, shows that the apprehension of the petitioner is unfounded. By virtue of the impugned endorsement respondent no.2 has not stated that khata will be necessarily issued in favour of respondent no.3. But has stated that application of respondent no.3 would be considered in accordance with law and appropriate orders would be passed. The relevant portion of the impugned endorsement reads as under:
"DzÀÝjAzÀ WÀ£À GZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ jmï Cfð ¸ÀASÉå:16392/2023gÀ DzÉñÀ/¤zÉÃð±À£ÀzÀ ¢£ÁAPÀ:30-8-2025gÀAvÉ F PÀbÉÃj¬ÄAzÀ PÀæªÀĪÀ»¸À¨ÉÃPÁVgÀĪÀÅzÀjAzÀ F ¥ÀvÀæ vÀ®Ä¦zÀ 7 ¢£ÀUÀ¼ÉƼÀUÁV WÀ£À GZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ jmï Cfð ¸ÀASÉå:16392/2023UÉ vÀqÉAiÀiÁeÉÕ EgÀĪÀ §UÉÎ ªÀiÁ»w ºÁUÀÆ zÁR:ÉUÀ¼À£ÀÄß MzÀV¸À®Ä F ¥ÀvÀæ ªÀÄÄSÉãÀ ¸ÀÆa¸À:ÁVzÉ. vÀ¦àzÀ°è WÀ£À GZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ DzÉñÀzÀ£ÀéAiÀÄ ªÀiÁ£Àå PÁ£ÀÆ£ÀÄ PÉÆÃ±À ªÀÄÄRå¸ÀÜgÀ C©ü¥ÁæAiÀÄzÀAvÉ PÀæªÀĪÀ»¸À:ÁUÀĪÀÅzÉAzÀÄ ¨sÁ«¸ÀvÀPÀÌzÀÄÝ. ºÁUÀÆ G:ÉèÃR(1)gÀ CfðAiÀÄ §UÉÎ PÀæªÀĪÀ»¸À®Ä ¤AiÀĪÀiÁ£ÀĸÁgÀ E-D¹Û D£ï:ÉÊ£ï ¥ÉÆÃlð:ï£À°è ¸ÀA§AzsÀ¥ÀlÖ PÀæAiÀÄ ¥ÀvÀæ,
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HC-KAR NC: 2026:KHC:24770 WP No. 15314 of 2026
E.¹ ªÀÄvÀÄÛ ©rJ¤AzÀ C£ÀÄªÉÆÃ¢vÀ £ÀPÉë ¥Àæw EvÁå¢ zÁR:ÉUÀ¼ÉÆA¢UÉ Cfð ¸À°è¹zÀÝ°è ¤AiÀĪÀiÁ£ÀĸÁgÀ PÀæªÀĪÀ»¸À:ÁUÀĪÀÅzÉAzÀÄ F ¥ÀvÀæ ªÀÄÄSÉãÀ w½¸À:ÁVzÉ."
Learned counsel appearing for GBA also submits based on the documents made available to respondent no.2 by respondent no.3 and the petitioner, a decision would be taken whether to issue khata in favour of respondent no.3 or not as per the directions of this Court in W.P.No.16392/2023. He further submits if a decision is taken to issue khata in favour of respondent no.3, then in that event petitioner is always at liberty to challenge the same in the manner known to law. It is submitted that the writ petition filed by the petitioner is premature as no decision has been taken yet to grant khata in favour of respondent no.3.
5. For the aforementioned reasons, the writ petition stands dismissed.
6. It is needless to state that, if a decision is taken by respondent no.2 to grant khata in favour of respondent no.3, petitioner is always having the right to challenge the same in the manner known to law. “
6. The aforesaid decision is applicable to the facts and circumstances of the instant case and consequently, the present petition also deserves to be disposed of in terms of the decision of a co-ordinate Bench of this Court, referred to supra.
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HC-KAR NC: 2026:KHC:24770 WP No. 15314 of 2026
7. In the result, I pass the following:
ORDER (i) The petition is disposed of in terms of the decision of a Co-ordinate Bench of this Court in the case of Sri. Hemanth Kumar S.K. Vs. The Greater Bengaluru Authority and others – W.P.No.11151/2026 dated 24.04.2026. (ii) It is needless to state that if a decision is taken by respondent No.2 to grant khata in favour of respondent No.3, petitioner is always having the right to challenge the same in the manner known to law.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 2 Sl No.: 95