- 1 - HC-KAR NC: 2026:KHC:3064 WP No. 23130 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23130 OF 2023 (LB-RES) BETWEEN: 1. B NARAYANA SHETTY SINCE DEAD BY LR’s 1(a) SMT. N. CHANDRA KANTHA AGED ABOUT 64 YEARS W/O LATE B. NARAYANA SHETTY 1(b) SRI. HEMANTH KUMAR K.N., AGED ABOUT 27 YEARS S/O LATE B. NARAYANA SHETTY BOTH ARE RESIDING AT NO. 158, 10TH A BLOCK KSRTC EMPLOYEES QUARTERS SHANTHINAGAR, BANGALORE-560027. 2. SRI SUBBANNA B S/O BYRA SHETTY AGED 65 YEARS, R/AT 23, 7TH CROSS, 18TH MAIN, BMT LAYOUT, 1ST STAGE, BANGALORE - 560029. 3. SRI K B ADINARAYANA S/O LATE BYRA SHETTY AGED 61 YEARS R/A 13, 10TH CROSS, BTM LAYOUT, 1ST STAGE TAVAREKERE MAIN ROAD, BENGALURU - 560 029. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3064 WP No. 23130 of 2023 4. SMT. VENKATARATHNA W/O VENKATARANARAYANA D/O LATE BYRA SHETTY AGED 57 YEARS R/AT 28, 18TH A MAIN, 7TH CROSS, BTM LAYOUT, 1ST STAGE, BENGALURU - 560029. 5. SMT. NARAYANAMMA W/O Y UTTHANNA S/O LATE BYRA SHETTY AGED 54 YEARS R/AT 63, BALAJI LAYOUT, 2ND MAIN, BALAJI LAYOUT, NAGANATHAPURA, BENGALURU - 560100. 6. SMT. LAKSHIDEVAMMA W/O SRI VENKATANARAYANA D G S/O LATE BYRA SHETTY AGED 53 YEARS, R/AT 28, 18TH A MAIN, 7TH CROSS, BTM LAYOUT, 1ST STAGE, BENGALURU - 560029. 7. SRI K B RAMESH S/O LATE BYRA SHETTY AGED 52 YEARS R/AT 28, 7TH CROSS, 18TH A MAIN BTM LAYOUT, 1ST STAGE, BENGALURU - 560029. …PETITIONERS (BY SRI. SIDDHARTH SUMAN.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BANGALORE - 560001 URBAN DEVELOPMENT DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY - 3 - HC-KAR NC: 2026:KHC:3064 WP No. 23130 of 2023 2. CITY MUNICIPAL COUNCIL KOLAR BY ITS COMMISSIONER NEAR BUS STAND, OLD KOLAR, KARNATAKA - 563 101. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R1; SRI. AKURSH B.R., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR SUCH OTHER APPROPRIATE WRIT OR ORDERS OR DIRECTIONS, DIRECTING THE R2 TO EFFECT/TRANSFER KHATA IN RESPECT OF LAND IN KOLAR MUNICIPAL WARD NO.23, BEARING OLD KHATA NO.1885/86 SITUATED IN SHARADA THEATER ROAD, KOLAR MEASURING 50 X 50 FT I..E, SUBJECT PROPERTY IN THE NAMES OF THE PETITIONERS AND ETC. THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; i. Issue a writ of mandamus or such other appropriate writ or orders or directions, directing the R2 to effect/transfer Khata in respect of land in Kolar Municipal Ward No. 23, bearing old Khata No. 1885/86 situated in Sharada Theater road, Kolar measuring 50X50 feet i.e., Subject Property in the names of the petitioners. ii. To award costs and grant such other relief(s) as this Hon’ble Court deems fit and expedient in the circumstances of the case. - 4 - HC-KAR NC: 2026:KHC:3064 WP No. 23130 of 2023 2. The petitioners claim to be the absolute owner of land in Kolar Municipal Ward No.23 bearing old Khata No.1885/86 situated at Venkatappa Compound, Brahmana Beedi, Sharada Theater Road, Kolar measuring 50x50 Feet. The grievance of the petitioners is that the applications which have been filed by the petitioners for effecting transfer of Khata in the name of the petitioner has not been acted upon and in pursuance thereof, the petitioners had submitted various representations at Annexure-F Series, which also were not considered by respondents. It is in that background, that the petitioner has approached this Court seeking for the aforesaid relief. 3. Notice having been issued, the respondents have entered appearance and contended that Khata No.1885/1886 have nothing to do with the petitioner’s property, there are in the names of certain others who are not related to the petitioners - 5 - HC-KAR NC: 2026:KHC:3064 WP No. 23130 of 2023 or the petitioner’s property. Since none of the relevant documents had been produced by the petitioners, the respondents have not acted on the applications filed by the petitioners. 4. A perusal of Annexure-F Series indicates that the first application which has been made by the petitioners was in the year 2018. From 22.03.2018 the petitioners have submitted various applications/representations going on until the year 2023 and thereafter the petitioners have approached this Court seeking for the aforesaid relief. 5. Though the learned counsel for respondents were to contend that the documents which have been submitted by the petitioners are not proper and complete, there is no particular endorsement which have been issued by respondents to the petitioners calling upon the petitioners to furnish any particular document for the purpose of consideration of the - 6 - HC-KAR NC: 2026:KHC:3064 WP No. 23130 of 2023 application for transfer of the Khata filed by the petitioners. 6. In terms of the Karnataka Sakala Services Act, 2011 it is but required for the respondents-Authorities either issue a fresh Khata certificate or transfer of Khata within a period of 30 days from the date of the application being made. Respondents-authorities cannot sit on the said application, on the grounds that all the concerned documents have not been provided and/or that there are grounds to reject the application. If at all, the necessary documents are not furnished it is the duty of the respondents to call upon the petitioners to produce those documents or reject the application on the ground of non- production of documents. 7. In the present case, the application having been filed by the petitioners from March-2018 have yielded no result and respondents after appearance in the present matter has sought to contend that the - 7 - HC-KAR NC: 2026:KHC:3064 WP No. 23130 of 2023 documents are not proper. The said conduct on part of the respondents, in my considered opinion is completely malafide and requires to be dealt with by the concerned authorities in a proper manner in terms of the Karnataka Sakala Services Act, 2011. 8. Hence, respondent No.1 is directed to look into the same and take appropriate action against respondent No.2 and all officers of respondent No.2 who have handled the file of the petitioners from the year-2018 onwards. In the present matter, even till date there is no order which has been passed on the representation submitted by the petitioners at Annexure-F Series. As such, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, respondent No.2 is directed to consider the application/representation of the petitioner at Annexure-F Series and pass necessary orders - 8 - HC-KAR NC: 2026:KHC:3064 WP No. 23130 of 2023 within period of 30 days from the date of receipt of copy of this order. iii. Though the above petition is disposed, re-list on 23.02.2026 to consider the report of respondent No.1 to be filed in pursuance of the aforesaid direction. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 27