Sri R Kemparaju v. the Regional Commissioner
Case brief
What is this about?
Khata measurement modification; khata registration dispute; WP No.10141 of 2021 (LB-RES), High Court of Karnataka at Bengaluru (NC: 2025:KHC:4162), decided 29.01.2025 by Justice N S Sanjay Gowda; challenge to order dt. 20.04.2021 in Case No. MUN/RP/20/2020 (Annexure-A) by Regional Commissioner, Bengaluru Division modifying Khata No.2524/1 measurement from 27x30 and 13x45 sq.ft. to 30+27/2 * 30 sq.ft.; petitioner already in pending injunction suit O.S. No.361 of 2020; court permits recourse to declaratory decree in civil suit, authorities to abide by its result; writ petition dismissed; all contentions left open; Articles 226 and 227; respondents include City Municipal Corporation, Doddaballapura; notice to R-4 dispensed with (order dt. 19.11.2024).
What did the court decide?
Since the petitioner is already before the Civil Court and there is a serious dispute regarding the khata to be registered in respect of the property he owns, it would be appropriate to permit the petitioner to seek the necessary declaratory decree in the pending suit, and on such decree being obtained, the authorities would abide by the result of the suit.