- 1 - HC-KAR NC: 2026:KHC:26144 WP No. 15931 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 15931 OF 2026 (LB-RES) BETWEEN: 1. SRI T G NAGARAJU S/O GANGANARASAIAH, AGED ABOUT 61 YEARS, 2. SMT. CHANDRAVATHI, W/O. T.G NAGARAJU, AGED ABOUT 58 YEARS, BOTH ARE R/O. JYOTHI NAGARA, MAGADI TOWN, MAGADI, BENGALURU SOUTH DISTRICT 562 120. …PETITIONERS (BY SRI. K. N. SUNIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOUSING DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26144 WP No. 15931 of 2026 2. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, VISWESHWARAIAH TOWERS, AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE DEPUTY COMMISSIONER, RAMANAGARA, BENGALURU SOUTH DISTRICT-562159. 4. THE COMMISSIONER, TOWN MUNICIPAL COUNCIL, MAGADI, BENGALURU SOUTH DISTRICT-562120. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R3; SRI. Y. D. SHIVASHANKAR, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 10-04-2000 BEARING NO. NA. E 66 HAS.99 PASSED BY THE 1ST RESPONDENT ANNEXURE-E, INSOFAR AS IT RELATES TO THE PETITIONERS AND THE SCHEDULE PROPERTY IS CONCERNED; ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE 4TH RESPONDENT TO EFFECT THE KHATHA/E-KHATHA OF THE SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONERS,PURSUANT TO THE REGISTERED SALE DEED DATED 16.04.2019 EXECUTED BY THE PETITIONER S VENDOR ALIENATING THE - 3 - HC-KAR NC: 2026:KHC:26144 WP No. 15931 of 2026 SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONERS AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the first respondent's decision to cancel the allotment of Ashraya Scheme to the petitioners' predecessor-in- interest. The first respondent's decision is in the light of the report that the petitioners' predecessor-in- interest, Mr. T. B. Krishnappa S/o. Late Beluraiah could not have been granted site under the Scheme because he owned a RCC roof house. When the decision to cancel allotment is called in question before this Court, this Court has interfered on the ground that the report is without due notice and opportunity and that the notice and opportunity were imperative. - 4 - HC-KAR NC: 2026:KHC:26144 WP No. 15931 of 2026 Mr. K. N. Sunil, the learned counsel for the petitioners, Mr. Bopanna Belliappa, the learned Additional Government Advocate who accepts notice for the first to third respondents, and Mr. Y. D. Shivashankar, the learned Standing counsel, who is called upon to accept notice for the fourth respondent, are heard. This Court finds parity on perusal of the order dated 20.03.2024 in W.P.No.15943/2022 c/w W.P.No.19170/2022 because it remains undisputed that the petitioners were not issued with any notice or opportunity, and this Court must also observe that this Court's interference cannot foreclose proceedings that could be initiated with due notice to the petitioners. Hence, the following: ORDER [A] The petition is allowed. [B] The impugned order dated 10.04.2000 is quashed, and the - 5 - HC-KAR NC: 2026:KHC:26144 WP No. 15931 of 2026 fourth respondent [the Local Authority] is directed to restore the Khata in favour of the petitioners for their property and also issue E-Khata. [C] It is observed that this restoration and issuance of E-Khata would be subject to the outcome of the proceedings that the first respondent can initiate within a reasonable period of time. Sd/- (B M SHYAM PRASAD) JUDGE RB