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2026 DAILYLAW 8122 (KAR)

SMT. NAGARATHNA SRINIVASA v. THE COMMISSIONER

WP/38130/2025 · 2026-03-09

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14113 WP No. 38130 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.38130 OF 2025 (LB-BMP) BETWEEN: 1. SMT. NAGARATHNA SRINIVASA W/O. LATE KESHAVA IYENGAR SRINIVAS AGED ABOUT 84 YEARS R/AT NO.A-304, RENAISSANCE PARK-3, 26/125, 1ST MAIN ROAD, SUBRAMANYA NAGAR, BEHIND WORLD TRADE CENTRE, MALLESHWARAM WEST, BENGALURU - 560 055. 2. SRI. SESHADRI SRINIVASA S/O. LATE KESHAVA IYENGAR SRINIVAS AGED ABOUT 62 YEARS R/AT NO.D-308, BRIGADE GATEWAY, NO.26/1, DR. RAJKUMAR ROAD, MALLESHWARAM WEST, BENGALURU -560 055. 3. SRI. JAIDEEP SRINIVASA S/O. LATE KESHAVA IYENGAR SRINIVAS AGED ABOUT 54 YEARS R/AT NO.A-304, RENAISSANCE PARK-3, 26/125, 1ST MAIN ROAD, SUBRAMANYA NAGAR, BEHIND WORLD TRADE CENTRE, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14113 WP No. 38130 of 2025 MALLESHWARAM WEST, BENGALURU - 560 055. …PETITIONERS (BY SRI. M S NARAYAN, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE N R SQUARE, BANGALORE-560 002. 2. THE REVENUE OFFICER BBMP, WARD NO.66, SUBRAMANYA NAGAR, IPP CENTRE, 16TH CROSS, OPP. CHOWDAIAH MEMORIAL HALL, KODANDARAMAPURAM, VYALIKAVAL, BENGALURU-560 003. 3. ASSISTANT REVENUE OFFICER BBMP, WARD NO.66, MATHIKERE SUB-DIVISION, NETAJI CIRCLE, MATHIKERE, BENGALURU-560 054. …RESPONDENTS (BY SRI. B.S. KARTHIKEYAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FINAL E-KHATA STATUS REPORT AT ANNEXURE-O IN EPID NO. 1167754945, ASSESMENT NO.26/125-24 DATED NIL IN RELATION TO TRANSFER OF KHATA OF THE SCHEDULE PROPERTY BEARING E-PID NO.1167754945 MADE BY THE RESPONDENT NO.3, ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14113 WP No. 38130 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The issue pertains to mutating the khata in the name of petitioner No.1 (holder's khata) and petitioner No.2 (regular khata). Petitioner nos.2 and 3 are the children of petitioner no.1. The father of petitioner nos.2 and 3 was the owner of the property. After his demise, petitioner no.1 has been given life interest in the property and after her demise, as stated in the Will, petitioner no.2 will become the owner of the property. It is submitted that there are no other legal heirs of the deceased father of petitioner nos.2 and 3. It is also submitted that petitioner no.3 has no objection for granting holder's khata in the name of petitioner no.1 and the regular khata in the name of petitioner no.2. On the strength of the said Will, the petitioners have made a representation to the BBMP for change of khata. However, the same has not been done. Hence, the present writ petition is filed with the following prayers:- "a. Issue a Writ, order or direction in the nature of CERTIORARI or similar writ to quash the final E-khata status report at Annexure-O in Epid No.1167754945, Assessment No.26/125-24 dated nil in relation to - 4 - HC-KAR NC: 2026:KHC:14113 WP No. 38130 of 2025 transfer of khata of the Schedule property bearing E-PID No.1167754945 made by the 3rd respondent. b. Issue a Writ in the nature of Mandamus, directing the respondent No.2 & 3 to effect transfer of khata in respect of the Schedule property bearing E-PID No.1167754945 as per the khata request reference No.K-2139709 dated 11.10.2025 produced as Annexure-J within a time frame to be fixed by this Hon'ble Court based on the documents already submitted along with the request application dated 11.10.2025. c. To pass such other order/s as this Hon'ble court deems fit and proper in the circumstances of the case, in the interest of justice and equity." 2. During the course of arguments, learned counsel for the petitioners as well as learned counsel appearing for BBMP, now Greater Bengaluru Authority (GBA), submitted that under the given facts and circumstances, how BBMP has to act while transferring the khata has already been decided by this Court in W.P.No.3314/2023. Learned counsel appearing for BBMP submits that the case of the petitioners will be considered in accordance with the judgment passed in W.P.No.3314/2023 - 5 - HC-KAR NC: 2026:KHC:14113 WP No. 38130 of 2025 and appropriate orders will be passed. His submission is placed on record. 3. Hence the following:- ORDER i. The writ petition is disposed of. ii. Respondent Nos.2 and 3 are directed to consider the case of the petitioners in accordance with law more particularly, in the light of the ratio laid down by this Court in W.P.No.3314 of 2023, and to pass appropriate orders within a period of six weeks from today. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 38