SRI. N. MANOHAR v. THE GREATER BENGALURU AUTHORITY
Court: High Court of Karnataka
Bench: M.I.ARUN
Judgment date:
Case summary
High Court of Karnataka judgment dated 2026-04-27. SRI. N. MANOHAR v. THE GREATER BENGALURU AUTHORITY. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - WP No. 10692 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU TH DATED THIS THE 27 DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M. I. ARUN WRIT PETITION NO. 10692 OF 2026 (LB-BMP) BETWEEN: 1. SRI. N. MANOHAR S/O SRI. NIJALINGAPPA C. DHANG AGED ABOUT 66 YEARS RESIDING AT NO. 1182/1 TH 20 'A' MAIN ROAD, RMS LAYOUT 'A' BLOCK, SAHAKARNAGAR BENGALURU- 560 092. …PETITIONER (BY SRI. Y. S. HANUMANTHA REDDY, ADVOCATE) AND: 1. THE GREATER BENGALURU AUTHORITY BENGALURU WEST CITY CORPORATION ST 1 FLOOR, BBMP SWIMMING POOL BUILDING TH Digitally 9 CROSS, HAMPINAGAR, BENGALURU-560 104. signed by REPRESENTED BY ITS COMMISSIONER. GEETHA P G Location: HIGH 2. ASSISTANT REVENUE OFFICER COURT OF GALI ANJANEYA SWAMY DEVASTHNA KARNATAKA ST SUB DIVISION, 1 FLOOR BBMP SWIMMING POOL BUILDING TH 9 CROSS, HAMPINAGAR BENGALURU-560 104. 3. SRI. K. K. KULKARNI S/O SRI. KARIYAJI KULAKARNI AGED ABOUT 84 YEARS RD R/AT NO. 167, 3 MAIN ROAD CHANNAMMANAKERE ACHUKATTU RD BANASHANKARI 3 STAGE - 2 - WP No.
10692 of 2026 BENGALURU- 560 085. …RESPONDENTS (BY SRI. KARTHIKEYAN B. S. , ADVOCATE FOR R1 & R2; NOTICE TO R3 IS DISPENSED WITH) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE ENDORSEMENT BEARING NO. SA. KAM. A (G. A. DE) WA 132/PR/34/2025-26 DATED 20. 03. 2026 ISSUED BY RESPONDENT NO. 2 VIDE ANNEXURE-H TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M. I. ARUN ORAL ORDER There is a dispute in respect of a property between petitioner and respondent no. 3. Respondent no. 3 filed W. P. No. 20424/2023 for grant of khata in respect of the property in his name. This Court has disposed of the W. P. No. 20424/2023 by passing the following order.
"i) The petitioner is given liberty to make a fresh application along with all the necessary particulars for issuance of khata; ii) Upon receipt of such an application, the jurisdictional officer of BBMP shall consider the same in accordance with law and pass appropriate orders within a period of eight weeks thereafter; iii) The writ petition stands disposed of accordingly. " - 3 - WP No. 10692 of 2026 2. Pursuant to the order passed by this Court, respondent nos. 1 and 2 have initiated action to consider the representation of respondent no. 3 regarding grant of khata. The petitioner has objected to the same contending that he is the owner of the property concerned. It is noticed that petitioner has filed O. S. No. 2032/2025 against respondent no. 3 in respect of the property, and has failed to obtain an interim order in his favour so far. Hence, respondent no.
2 has issued an endorsement to the petitioner stating that if the petitioner does not obtain any interim orders against the order passed in W. P. No. 20424/2023, in that event respondent no. 2 will consider the request of respondent no. 3 and will pass appropriate orders in accordance with law after obtaining necessary opinion from its law department. Aggrieved by the said endorsement, the present writ petition is filed. 3. The case of the petitioner is that, he is entitled to khata of the property and not respondent no. 3 and it is submitted that respondent no. 2 intends to issue khata in favour of respondent no. 3 without considering the rights of the petitioner. - 4 - WP No. 10692 of 2026 4. Perusal of the impugned endorsement at Annexure-H to the writ petition, shows that the apprehension of the petitioner is unfounded. By virtue of the impugned endorsement respondent no. 2 has not stated that khata will be necessarily issued in favour of respondent no. 3.
But has stated that application of respondent no. 3 would be considered in accordance with law and appropriate orders would be passed. The relevant portion of the impugned endorsement reads as under: "DzÀÝjAzÀ WÀ£À GZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ jmï Cfð ¸ÀASÉå:20424/2023gÀ DzÉñÀ/¤zÉÃð±À£ÀzÀ ¢£ÁAPÀ:30-8-2025gÀAvÉ F PÀbÉÃj¬ÄAzÀ PÀæªÀĪÀ»¸À¨ÉÃPÁVgÀĪÀÅzÀjAzÀ F ¥ÀvÀæ vÀ®Ä¦zÀ 7 ¢£ÀUÀ¼ÉƼÀUÁV WÀ£À GZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ jmï Cfð ¸ÀASÉå:20424/2023UÉ vÀqÉAiÀiÁeÉÕ EgÀĪÀ §UÉÎ ªÀiÁ»w ºÁUÀÆ zÁR:ÉUÀ¼À£ÀÄß MzÀV¸À®Ä F ¥ÀvÀæ ªÀÄÄSÉãÀ ¸ÀÆa¸À:ÁVzÉ. vÀ¦àzÀ°è WÀ£À GZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ DzÉñÀzÀ£ÀéAiÀÄ ªÀiÁ£Àå PÁ£ÀÆ£ÀÄ PÉÆñÀ ªÀÄÄRå¸ÀÜgÀ C©ü¥ÁæAiÀÄzÀAvÉ PÀæªÀĪÀ»¸À:ÁUÀĪÀÅzÉAzÀÄ ¨sÁ«¸ÀvÀPÀÌzÀÄÝ. ºÁUÀÆ G:ÉèÃR(1)gÀ CfðAiÀÄ §UÉÎ PÀæªÀĪÀ»¸À®Ä ¤AiÀĪÀiÁ£ÀĸÁgÀ E-D¹Û D£ï:ÉÊ£ï ¥ÉÆÃlð:ï£À°è ¸ÀA§AzsÀ¥ÀlÖ PÀæAiÀÄ ¥ÀvÀæ, E. ¹ ªÀÄvÀÄÛ ©rJ¤AzÀ C£ÀĪÉÆâvÀ £ÀPÉë ¥Àæw EvÁå¢ zÁR:ÉUÀ¼ÉÆA¢UÉ Cfð ¸À°è¹zÀÝ°è ¤AiÀĪÀiÁ£ÀĸÁgÀ PÀæªÀĪÀ»¸À:ÁUÀĪÀÅzÉAzÀÄ F ¥ÀvÀæ ªÀÄÄSÉãÀ w½¸À:ÁVzÉ. " 5.
Learned counsel appearing for GBA also submits based on the documents made available to respondent no. 2 by respondent no. 3 and the petitioner, a decision would be taken - 5 - WP No. 10692 of 2026 whether to issue khata in favour of respondent no. 3 or not as per the directions of this Court in W. P. No. 20424/2023 after hearing all the parties concerned. He further submits if a decision is taken to issue khata in favour of respondent no. 3, then in that event petitioner is always at liberty to challenge the same in the manner known to law. It is submitted that the writ petition filed by the petitioner is premature as no decision has been taken yet to grant khata in favour of respondent no. 3. 6. For the aforementioned reasons, the writ petition stands dismissed. 7. It is needless to state that, if a decision is taken by respondent no. 2 to grant khata in favour of respondent no. 3, petitioner is always having the right to challenge the same in the manner known to law. Sd/- (M. I.
ARUN) JUDGE PGG List No. : 1 Sl No. : 2
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.