- 1 - HC-KAR NC: 2026:KHC:26154 WP No. 12049 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. 12049 OF 2026 (LB-BMP) BETWEEN: 1. SRI E K SATHYA NARAYANA AGED ABOUT 47 YEARS S/O LATE ESWARASA 2. SMT. SAI KANYA.K. S W/O E.K. SATHYANARAYANA, AGED ABOUT 45 YEARS NO.983, 2ND CROSS, 2ND MAIN, VIJAYAYNAGAR, BENGALURU 560 040. …PETITIONERS (BY SRI. VENKATESHA., ADVOCATE) AND: THE COMMISSIONER Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26154 WP No. 12049 of 2026 GREATER BANGALORE AUTHORITY BENGALURU SOUTH, JAYANAGARA, BENGALURU 560041 …RESPONDENT (BY SRI. KARTHIKEYAN B S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT TO EFFECT THE KATHA IN THE JOINT NAMES OF THE PETITIONERS IN RESPECT OF THE PROPERTY BEARING OLD SITE NO.5 IN SY.NO.15/4, SITUATED AT TAVAREKERE VILLAGE, BENGALURU CITY CORPORATION DIVISION, BENGALURU, PRESENTLY COMES UNDER THE LIMITS OF BBMP WARD NO.170, HAVING NEW MUNICIPAL NO.17 (OLD NO.16) PID NO.64-5-17, OLD GURAPPANAPALYA MAIN ROAD, BETWEEN BANNERGHATTA ROAD AND MARUTHI CO- OPERATIVE SOCIETY LAYOUT, BENGALURU MEASURING EAST TO WEST 40 FEET AND NORTH TO SOUTH 30 FEET, IN ALL MEASURING 1200 SQ. FT, AS PER THE AFORESAID SALE CERTIFICATE - 3 - HC-KAR NC: 2026:KHC:26154 WP No. 12049 of 2026 AND GIFT DEED WHICH IS MARKED AS ANNEXURE E & F DATED 21.03.2024 & 20.03.2024. 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 second petitioner and one Ms. H.M. Shobha have purchased a property measuring 40 feet x 30 feet, bearing Municipal No. 17, PID No. 64-5-17, Old Gurappanapalya Main Road, Bangalore [the Subject Property] in an auction under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, the 'Act']. The subject property was mortgaged with a co-operative society by one Gowher Jan and the bank has brought the subject property to sale because of the default in repayment of the loan. The second petitioner and Ms. - 4 - HC-KAR NC: 2026:KHC:26154 WP No. 12049 of 2026 H. M. Shobha have the benefit of Sale Certificate dated 21.03.2023. 2. Ms. Shobha has executed a gift deed dated 20.03.2024 in favour of the first petitioner transferring undivided 50% interest in the subject property. The jurisdictional Assistant Revenue Officer [ARO] has issued an Endorsement dated 24.05.2024 informing the petitioners that their request for change of revenue entries based on the Sale Certificate and the Gift Deed cannot be considered because the description of the property as mentioned in the Sale Certificate and its records do not tally. 3. It emerges from the records that when the loan was to be repaid, and before the property is brought to auction, the borrower who was in default has got the khata for the subject property and the adjacent property amalgamated with the subject property and the other property is given another - 5 - HC-KAR NC: 2026:KHC:26154 WP No. 12049 of 2026 number. This forms the basis for the ARO to opine that the petitioners' request for change in revenue entries cannot be considered. The ARO has also referred to the application filed under Section 17 of the Act by the borrower with the Debt Recovery Tribunal-II in SAS No.49/2024. 4. Mr. D.V. Venkatesh., the learned counsel for the petitioners, and Mr. B. S. Karthikeyan, the learned counsel for the respondent, are heard in the light of these circumstances for the disposal of the petition. The respondent cannot dispute the transfer under the Sale Certificate and the concerned with the respondent is enjoined with the statutory obligation under Section 149 of the Greater Bengaluru Governance Act, 2024 [GBG Act] to consider transfer of the revenue entries and issue Khata. However, in the present circumstances in which the revenue entries for the subject property which are - 6 - HC-KAR NC: 2026:KHC:26154 WP No. 12049 of 2026 amalgamated with the adjacent property and the reasons that could be for bifurcation will have to be ascertained before there could be a decision on whether the petitioners could be refused the request for separate revenue entries to the subject property. 5. One of the methods to ascertain the possible objections and the tenability of those objections without adjudication in a properly instituted suit could be that for the officer authorized, as contemplated under Section 149[5] of the GBG Act, to hold an inquiry after issuance of notice to the borrower at whose instance the revenue entries for the subject property were effected and the adjacent property amalgamated. This Court finds that this would enable an equitable and an expedited decision with liberty to relegate the petitioners to the proceedings under Section 9 of the Civil Procedure Code,1908 [CPC] only if there are issues that cannot - 7 - HC-KAR NC: 2026:KHC:26154 WP No. 12049 of 2026 be thrashed out in such an enquiry. Hence, the following ORDER [A] The petition stands disposed of with liberty to the petitioners to file a certified copy of this order and the representation with all the documents with the Authorized Officer as contemplated under Section 149[5] of the GBG Act. [B] The petitioners are reserved with liberty to file such application within four [4] weeks from the date of receipt of the certified copy of this order, calling upon the Authorized Officer to issue notice to all the concerned based on the revenue entries and the details therein including the petitioners and decide on whether the revenue entries to the subject property - 8 - HC-KAR NC: 2026:KHC:26154 WP No. 12049 of 2026 can be bifurcated and entered in the names of the petitioners. [C] The petitioners shall be relegated to remedy under Section 9 of CPC only if there are differences that cannot be sorted out in such enquiry. Sd/- (B M SHYAM PRASAD) JUDGE NV