The High Court of Karnataka issued writ of mandamus directing the BDA to effect transfer of khata to the petitioner within 60 days based on a registered sale deed, imposing daily penalties for delay despite pending enquiries into the layout's legality.
Writ of mandamus issued to transfer khata within 60 days; penalty of Rs.2,000 per day for delay.
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.
WP No. 6669 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 6669 OF 2022 (BDA)
BETWEEN:
SRI. HARISH K, S/O SRI KRISHNAIAH P, AGED ABOUT 36 YEARS, RESIDING AT NO.6, 1ST FLOOR, 2ND MAIN, 1ST CROSS, JYOTHI LAYOUT, YELACHENAHALLI, BENGALURU - 560 078. … PETITIONER
(BY SRI.MARILINGE GOWDA, ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
WP No. 6669 of 2022
BOTH ARE RESIDING AT NO.55, 3RD MAIN ROAD, 2ND CROSS, C.H.B.S LAYOUT, VIJAYANAGAR, BENGALURU - 560 040.
… RESPONDENTS
(BY SRI.MANJUNATH K, ADVOCATE FOR R1 & R2; SRI. R SRINIVASA GOWDA, AGA FOR R6; NOTICE TO R3 TO R5 ARE D/W V.C.O DATED 24.5.2022)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE R1,CONSIDERING THE APPLICATION OF THE PETITIONER TO TRANSFER OF KATHA OF THE SCHEDULE PROPERTY VIDE ANNEXRUE-L.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Shorn off lengthy pleadings of the Petitioner, his essential grievance is against the action of the respondent-
BDA in not effecting transfer of khata in respect of the
WP No. 6669 of 2022
subject site allotted by the Housing Society to his predecessor in title.
represented by its learned Panel Counsel and the 6th respondent-Government is represented by learned AGA. Notice to others has been dispensed with vide Court order dated 24.5.2022. No Statement of Objections has been filed by the BDA. However, documents are produced vide Memo this day, which do not have much relevance. Both the Panel Counsel for the BDA & the learned AGA oppose the petition making submission in justification of not effecting the transfer of khata on the ground that the same would result into multiplicity of cases and that would not augur well in public interest.
further contends that the site allotted by the Housing Society to the vendor of the Petitioner has been illegally carved out in a civic amenity area and therefore what emanates thereafter, does not have legal cognizance. He
WP No. 6669 of 2022
adds that the Government on being requested to accord permission for effecting change of khata , no permission has been granted and therefore the hands of his clients are tied up. So contending both they seek dismissal of writ petition.
WP No. 6669 of 2022
granting transfer of khata in favour of the Petitioner pursuant to the registered conveyance dated 21.1.2019.
Counsel for the respondent-BDA that his client could not secure permission of the Government despite request and therefore khata could not be transferred, does not come to his rescue inasmuch as no law or ruling is pointed out which requires Government’s consent for effecting change of khata when there is registered conveyance. The Apex Court in PREM SINGH vs. BIRBAL, AIR 2006 SC 3608 has held that the registered instruments enjoy the presumptive validity and therefore the authorities have to act upon the same subject to all just exceptions into which argued case of the Petitioner does not fit.
justified in contending that the enquiry is still pending with regard to alleged illegality committed by the Housing Society in forming the layout in a civic amenity area and allotting the same to others and therefore even if khata is
directed to be changed in favour of the Petitioner, he should be restrained from creating third party interest till after and subject to the said enquiry. With this proposal, learned counsel for the Petitioner is also fairly agreeable.
In the above circumstances, this writ petition succeeds; Writ of Mandamus issues to the 1st Respondent to effect transfer of khata in favour of the Petitioner in terms of registered Sale Deed dated 21.10.2019 within a period of 60 sixty days and report compliance to the Registrar General of this Court, failing which for each day’s delay brooked, the respondent-BDA shall pay Rs.2,000/to the Petitioner.
It is open to the Respondent-BDA to recover this amount from its erring officials who are responsible for not obeying the writ of this court.
Now, no costs.
Snb/
Sd/JUDGE
2 issues framed by the court
Whether the BDA is justified in refusing transfer of khata to the petitioner despite a registered sale deed.
Whether previous allottees having obtained khata transfer precludes justification for the petitioner's transfer.
Colour shows how this judgement treated each authority
PREM SINGH vs. BIRBALRelied on¶46
_PREM SINGH vs. BIRBAL, AIR 2006 SC 3608_ · Who else cites this
SRI. HARISH K
THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY
THE PRESIDENT, BDA EMPLOYEES WELFARE ASSOCIATION
SRI. S GOPAL
SMT.H.R.ANJANADEVI
SRI MAHADEVAIAH K
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
