The Court dismissed writ petitions filed under Articles 226 and 227 of the Constitution challenging orders rejecting transfers of property katha. It held that pending civil title disputes preclude finding rights under municipal procedures.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:24718 WP No. 37961 of 2015 C/W WP No. 30358 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 37961 OF 2015 (LB-BMP)
C/W
WRIT PETITION NO. 30358 OF 2015 (LB-BMP)
IN WP NO. 37961/2015
BETWEEN:
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. V SUBASH REDDY, ADVOCATE)
NC: 2023:KHC:24718 WP No. 37961 of 2015 C/W WP No. 30358 of 2015
AND:
BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. N.K. RAMESH, ADVOCATE FOR R1 AND R4; SRI. SRINIVAS A.R, ADVOCATE FOR R2 AND R3)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN PASSING OF THE IMPUGNED ORDER BY THE R-1 IN FAVOR OF THE R-2 AND GRANT THE FOLLOWING RELIEFS: QUASH THE IMPUGNED ORDER DATED 4.6.2015
NC: 2023:KHC:24718 WP No. 37961 of 2015 C/W WP No. 30358 of 2015
PASSED BY THE R-1 IN ENTIRETY CONFIRMING THE KATHA IN FAVOUR OF R-2 PRODUCED AT ANNEXURE-A AND ETC.,
IN WP NO. 30358/2015
BETWEEN:
…PETITIONERS
(BY SRI. V SUBASH REDDY, ADVOCATE)
AND:
NC: 2023:KHC:24718 WP No. 37961 of 2015 C/W WP No. 30358 of 2015
S/O SRI. ABDUR RAZIQUE RAJA, AGED ABOUT 40 YEARS, NO.2, 3RD B-MAIN ROAD, RATHAN SINGH LAYOUT, KAVALBYRASANDRA,
R.T NAGAR POST, BANGALORE - 32.
BANGALORE - 560 032.
…RESPONDENTS
(BY SRI.N.K.RAMESH, ADVOCATE FOR R1 & R7; SRI.SRINIVAS. A.R., ADVOCATE FOR R2; R4-SERVED, UNREPRSENTED. V/O DATED 14.03.2016, NOTICE TO R3, R5 & R6 IS D/W)
NC: 2023:KHC:24718 WP No. 37961 of 2015 C/W WP No. 30358 of 2015
THIS W.P IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN PASSING OF THE IMPUGNED ORDER BY THE R-1 IN FAVOUR OF THE R-2 QUASH THE IMPUGNED ORDER DATED 04.06.2015, PASSED BY THE R-1 IN ENTIRETY CANCELLING THE KHATHA THAT STOOD IN FAVOUR OF PEITIONERS PRODUCED IN ANNEXURE-A AND ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
R.DEVDAS J., (ORAL):
Since a common question arises in both of these matters and the parties are also common, the matters were clubbed heard together and disposed of by this common order.
NC: 2023:KHC:24718 WP No. 37961 of 2015 C/W WP No. 30358 of 2015
However, the application was rejected and consequently, an appeal was filed by the petitioners before the Joint Commissioner. the Joint Commissioner found that under a registered sale deed dated 15.01.2013 respondent No.2 herein had acquired title over the property, and therefore, their names were entered in the records of the BBMP.
Consequently, these writ petitions stand dismissed.
Sd/JUDGE
rv
2 issues framed by the court
Whether the Joint Commissioner rejected validly transfer applications pending title disputes.
Whether petitioners are entitled to katha entries without a Civil Court title declaration.
Mr. J. Somshekar S/o J.P Subbarayadu
Mr. Venkadari Gurunatham
The Joint Commissioner (East) BBMP
M/s. Play Mango Games Pvt. Ltd.
M/s. Sovi Manegalu Pvt. Ltd.
Assistant Revenue Officer
R Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
