IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 34932 OF 2025 (LB-BMP)

BETWEEN:

1. SRI.D.PRAKASH S/O.N.DASAPPA R/AT NO.91, CHAREES COMPHELD ROAD BANGALORE-560005 REP BY HIS GPA HOLDER SRI.ABDUL SALEEM AGED ABOUT 68 YEARS R/AT NO.08, KEERTHI RESIDENCY RAMDEV GARDEN, KACHARKANAHALLI BANGALORE-560084. 2. NASSER UDDIN S/O.ABDUL SALEEM AGED ABOUT 33 YEARS R/AT NO. 08, KEERTHI RESIDENCY RAMDEV GARDEN, KACHARKANAHALLI Digitally BANGALORE-560084 signed by …PETITIONERS SUMA Location: (BY SRI.SHRAVAN S.LOKRE, ADVOCATE)

HIGH COURT OF AND:

KARNATAKA

1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE NOW GREATER BANGALORE AUTHORITY BBMP HEAD OFFICE, BANGALORE 560002

2. THE JOINT COMMISSIONER NOW BBMP NORTH ZONE BANGALORE 560092

3. THE ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGAR PALIKE NOW GBA (NORTH SUB-DIVISION)

BANGALORE 560001

4. THE JOINT DIRECTOR (TOWN PLANNING)

BRUHAT BENGALURU MAHANAGAR PALIKE NOW GBA, BBMP HEAD OFFICE BANGALORE 560001

5. THE ASSISTANT EXECUTIVE ENGINEER (TOWN PLANNING)

BRUHAT BENGALURU MAHANAGAR PALIKE NOW GBA 563132 …RESPONDENTS (BY SRI. B.S.KARTHIKEYAN, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 FO THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ISSUANCE OF THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 2^ND RESPONDENT TO CONSIDER THE REPRESENTATION ISSUED TO THE RESPONDENTS FOR ISSUANCE OF E-KHATA AND SANCTIONED PLAN AS PER THE REPRESENTATION DATED

30.10.2025 AS PER ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners have sought for a writ in the nature of mandamus to direct the respondent No.2 to consider their representation for issuance of E-Khatha and sanction a plan by considering the representation dated 30.10.2025. They have also sought for a direction to the respondents to assess the schedule property and sanctioned a plan for reconstruction of the building over the property mentioned in the schedule. 2. (i) The petitioner No.1 claims that he is the owner of the site No.2, assessment No.62, khatha No.62/310/2 of Kacharkanahalli Village, Kasaba Hobli, Bengaluru North Taluk, formed in survey No.62 of Kacharkanahalli Village, having purchased it in terms of a sale deed dated 09.02.1972, which was later rectified on 22.12.1977. He claims that he had executed a power of attorney on 02.04.1993 in favour of Mr. Abdul Saleem who in turn executed a gift deed dated 19.02.2021 in favour of petitioner No.2. The petitioner No.1 claims that the aforesaid property lay within the limits of the erstwhile Kacharkanahalli Village Panchayath and his name was entered in Form 9 and 10 and after it was included within the limits of the Bruhat Bengaluru Mahanagara Palike (BBMP), he requested to enter his name in the property register.

(ii) The petitioners claim that they have been paying property taxes to the respondents and are in possession and enjoyment of the property. The petitioner No.1 submitted a representation to the Bangalore Development Authority (henceforth referred to as 'BDA') on 26.09.2024 seeking regularization of his unauthorized occupation under Section 38D of the Bangalore Development Authority Act, 1976 (henceforth referred to as 'the BDA Act, 1976').

(iii) Since the said representation was not considered, the petitioner No.1 approached this Court in WP No.28339/2024 and this Court in terms of an order dated 24.10.2024 disposed of the writ petition, directing the BDA Authorities to consider the representation. The petitioners claim that following the above direction, "The officials of the BDA resolved that no coercive steps will be taken against the petitioners and the directions issued by the Hon'ble High Court of Karnataka will be duly obeyed and the representation will be considered and also decided that no appeal will be required to be filed and instructed its of