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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.51526/2017 (LB-BMP)

BETWEEN

1.

MAHAVEER SEVA SANSTHAN

A CHARITABLE TRUST,

HAVING ITS OFFICE AT

NO.6, (OLD NO.177),

VANIVILAS ROAD, V.V.PURAM,

BENGALURU 3 560 004.

REPRESENTED BY ITS TRUSTEE

SRI.G.NAND KISHORE,

S/O LATE SREE S.C.GHISULAL,

AGED ABOUT 63 YEARS.

2.

VARDHAMAN SEVA NIKETHAN

A CHARITABLE TRUST,

HAVING ITS OFFICE AT

NO.6 (OLD NO.177),

VANIVILAS ROAD, V.V.PURAM,

BENGALURU 3 560 004.

REPRESENTED BY ITS TRUSTEE,

SRI.G.BABULAL,

S/O LATE SREE GHISULALJI,

AGED ABOUT 66 YEARS.

3.

MAHAVEER SEVA SADAN

A CHARITABLE TRUST,

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HAVING ITS OFFICE AT

NO.6, (OLD NO.177) VANIVILAS ROAD,

V.V.PURAM,

BENGALURU 3 560 004.

REPRESENTED BY ITS TRUSTEE,

SRI MOTILAL JAIN,

S/O LATE SREE RANGLALJI,

AGED ABOUT 74 YEARS.

4.

VARDHAMAN MANGAL KARYALAYA

A CHARITABLE TRUST,

HAVING ITS OFFICE AT

NO.6, (OLD NO.177), VANIVILAS ROAD

V.V.PURAM, BENGALURU 3 560 004

REPRESENTED BY ITS TRUSTEE,

SRI P.ROY CHAND,

S/O LATE SREE PUKHRAJJI,

AGED ABOUT 79 YEARS.

5.

VARDHAMAN BHAVAN

A CHARITABLE TRUST,

HAVING ITS OFFICE AT

NO.6, (OLD NO.177),

VANIVILAS ROAD, V.V.PURAM,

BENGALURU 3 560 004

REPRESENTED BY ITS TRUSTEE,

SRI G.UTSAVLAL,

S/O LATE SREE GHEWARCHANDJI,

AGED AOBUT 73 YEARS.

6.

MAHAVEER VIVAH MANDIR

A CHARITABLE TRUST,

HAVING ITS OFFICE AT

NO.6, (OLD NO.177),

VANIVILAS ROAD,

V.V.PURAM, BENGALURU 3 560 004

REPRESENTED BY ITS TRUSTEE,

SRI.J.SHANTHILAL,

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S/O LATE SREE JASRAJJI,

AGED ABOUT 65 YEARS.

... PETITIONERS

(BY SRI PARAS JAIN, ADVOCATE (PHYSICAL HEARING))

AND

THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE,

BENGALURU CITY 3 560 027.

... RESPONDENT

(BY SRI ARAVIND M.NEGLUR, ADVOCATE (VIDEO CONFERENCING))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE

RESPONDENT BBMP TO TRANSFER THE KHATHA IN THE NAME OF

THE PURCHASERS/PETITIONERS, IN RESPECT OF PREMISES

BEARING

MUNICIPAL

CORPORATION

NO.6,

(OLD

NO.177),

VANIVILAS ROAD, V.V.PURAM, BANGALORE.

ii)

DIRECT

RESPONDENT

BBMP

TO

ISSUE

KHATHA

CERTIFICATE, KHATHA EXTRACT AND KHATHA ENDORSEMENT IN

THE NAME THE PETITIONERS TRUSTS, WHO ARE PRESENT JOINT-

OWNERS OF THE PROPERTY.

iii) GRAND, INCLUDING COSTS/DAMAGES/COMPENSATION

TO THE PETITIONERS, WHO HAVE BEEN DRIVEN TO COURT FOR

GETTING THE PROPERTY TRANSFERRED IN THEIR NAMES WHICH

THE RESPONDENT SHOULD HAVE DONE IN THE USUAL COURSE

OF ITS STATUTORY DUTY.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN 8B9 GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

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ORDER

The petitioners are before this Court seeking a direction by

issuance of a writ in the nature of mandamus to the respondent

3 Bruhat Bengaluru Mahanagara Palike (hereinafter referred to

as 8the BBMP9 for short) to transfer khata in their favour.

2. Heard Sri Paras Jain, learned counsel appearing for the

petitioners, Sri Aravind M. Neglur, learned counsel appearing for

the respondent and perused the material on record.

3. The petitioners became owner of their respective

properties indicated in the petition on various dates by virtue of

certain sale deeds. After coming in possession of the said

properties, on the strength of the aforesaid sale deeds,

submitted applications along with IVP and other required

documents

to

the

BBMP

all

dated

04.01.1994

and

acknowledgement for having submitted the said applications are

also placed on record.

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4. This writ petition is filed in the year 2017, alleging that

despite passage of 23 years, the respondent - BBMP has not

issued khata in their favour, notwithstanding the fact that they

have produced all the documents that they were needed to issue

khata in their favour.

5. Learned counsel appearing for the petitioners would

submit that the petitioners were always ready and willing to pay

t