A writ petition seeking issuance of a regular 'A' khata for a property was dismissed. The court held that since the petitioner failed to provide the relevant records requested by the authority, the relief sought does not survive for consideration.
Relief sought for issuance of regular khata was dismissed.
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: 2024:KHC:20828 WP No. 26751 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26751 OF 2017 (LB-BMP)
BETWEEN:
MINAL MORAJARIA D/O MRS. TARALA MORAJARIA AGED ABOUT 63 YEARS R/AT 11, LAXMI MAHAL BAPURABHAI VASHI ROAD VILE PARLE, (WEST) MUMBAI-400056.
…PETITIONER
(BY SRI.BALAGOPALAN MENON., ADVOCATE [ABSENT])
AND:
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
URBAN DEVELOPMENT VIDHANASOUDHA, AMBEDKAR VEEDHI BANGALORE-560001.
NC: 2024:KHC:20828 WP No. 26751 of 2017
…RESPONDENTS
(BY SRI. G.S. ARUNA, HCGP. FOR R1: SRI. N R JAGADEESWARA., ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ISSUE REGULAR KHATA IN RESPECT OF THE PETITION SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONER VIDE HER REPRESENTATION DATED:25.3.2017 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed under Articles 226 & 227 of
the Constitution of India seeking the following relief:
“A writ in the nature of mandamus thereby directing the respondents to issue regular khata in respect of the petition schedule property in favour of the petitioner vide her representation dated 25.03.2017 vide Annexure A.”
of the property bearing House List No.10/3/32/01,
measuring 5401.35 sq.ft, situated at R.Narayanapura Village, Krishnarajapuram, Bangalore. Since the said property was entered in ‘B’ khata register, the petitioner gave a representation vide Annexure A, dated 25.03.2017, seeking regular khata (‘A’ khata). Since the said application has not been considered, she is before this Court.
NC: 2024:KHC:20828 WP No. 26751 of 2017
Sd/JUDGE
CM List No.: 1 Sl No.: 52
2 issues framed by the court
Whether to issue a regular 'A' khata in respect of the petitioner's property despite failure to furnish required records.
Whether the writ petition survives for consideration given the failure of the petitioner to produce documents.
1 provisions across 1 enactments
MINAL MORAJARIA D/O MRS. TARALA MORAJARIA
THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE
JOINT COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE
ASSISTANT REVENUE OFFICER(III) BRUHAT BANGALORE MAHANAGARA PALIKE
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
