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2026 DAILYLAW 49271 (KAR)

SRI. VENKATARAM v. THE COMMISSIONER

WP/23371/2024 · 2026-01-28

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4471 WP No. 23371 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23371 OF 2024 (LB-BMP) BETWEEN: SRI VENKATARAM S/O.NARAYANAPPA AGED ABOUT 63 YEARS NO.126, JEEVANAHALLI COX TOWN BENGALURU-560 005 …PETITIONER (BY SRI V.ANAND, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.ROAD BENGALURU-560 054 2. THE JOINT COMMISSIONER (EAST) BRUHAT BENGALURU MAHANAGARA PALIKE MAYO HALL BENGALURU-560 054 3. THE ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE WARD NO.59 MARUTHISEVANAGAR BENGALURU-560 054 …RESPONDENTS (BY SRI MALLIKARJUN REDDY K.S., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4471 WP No. 23371 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO COMPLY WITH THE ORDER DATED 03.09.2012 PASSED IN RFA.NO.1295/2010 VIDE ANNEXURE-B AND ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT IN SIMILAR NATURE TO EFFECT KATHA AS PER THE LETTER DATED 05.01.2024 VIDE ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking the following reliefs: "a) Issue a writ of mandamus directing the respondents to comply with the orders passed in Regular First Appeal in RFA.No.1295/2010 at Annexure-"B" vide order dated 3rd September 2012. b) Issue a writ of mandamus or any other writ in similar nature to effect katha as per the letter dated 05.01.2023 at Annexure-"E". c) Grant any other order/orders." 2. The grievance of the petitioner is that the direction, which had been issued by this Court in RFA.No.1295/2010 vide judgment dated 03.09.2012, has not been complied inasmuch as the Commissioner of the Bengaluru Bruhat Mahanagara - 3 - HC-KAR NC: 2026:KHC:4471 WP No. 23371 of 2024 Palike was directed to consider the survey report submitted by the Survey Department and effect the khatha bifurcation as per the said survey report. 3. The submission of learned counsel for petitioner is that the survey report has been submitted post the judgment dated 03.09.2012 and the said survey report has not been considered by the respondents. A direction that has been issued by this Court in RFA.No.1295/2010 as aforesaid, it is required for the respondents to have acted on the said direction and taken necessary action. The same having not been done, I pass the following: ORDER i) The writ petition is allowed; ii) A mandamus is issued directing respondents to comply with the order passed in RFA No. 1295/2010, by taking into consideration the survey report submitted subsequent to the said judgment and pass necessary orders - 4 - HC-KAR NC: 2026:KHC:4471 WP No. 23371 of 2024 within a period of 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE LB List No.: 2 Sl No.: 15