Karnataka High Court
Mr. Aslam Zackria Sait vs The Assistant Revenue Officer on 6 November, 2025
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NC: 2025:KHC:45003
WP No. 33354 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 33354 OF 2025 (LB-BMP)
BETWEEN:
MR. ASLAM ZACKRIA SAIT
S/O LATE MR. HASIM SAIT
AGED ABOUT 68 YEARS,
RESIDING AT NO. 6/4, 3RD FLOOR, MARTELLO
BOULEVARD, M.G.ROAD,
MUSEUM ROAD, BENGALURU - 560001
(SENIOR CITIZEN BENEFITS NOT CLAIMED)
...PETITIONER
(BY SMT. SUMAN K S, ADVOCATE)
AND:
1. THE ASSISTANT REVENUE OFFICER
SHANTHALANAGAR SUB-DIVISION, BBMP PRESENTLY
WITHIN THE LIMITS OF GBA, BENGALURU CENTRAL 12TH
Digitally FLOOR,
signed by
SUMA PUBLIC UTILITY BUILDING
Location: M.G.ROAD, BENGALURU - 560001.
HIGH
COURT OF
KARNATAKA
2. THE JOINT COMMISSIONER
BBMP EAST ZONE
PRESENTLY WITHIN THE LIMITS OFF GBA, BENGALURU
CENTRAL PUBLIC UTILITY BUILDING
M.G.ROAD,
BENGALURU - 560001.
3. THE BBMP COMMISSIONER
PRESENTLY WITH THE LIMITS OFF GBA,
BENGALURU CENTRAL HUDSON CIRCLE,
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NC: 2025:KHC:45003
WP No. 33354 of 2025
HC-KAR
BENGALURU - 560002.
...RESPONDENTS
(BY SRI.PAWAN KUMAR, ADVOCATE FOR R1 TO 3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R1 TO
CONSIDER THE ONLINE DIGITAL E-KHATHA TRANSFER APPLICATION
DATED 1ST SEPTEMBER 2025 (ANNX-A) FILED BY THE PETITIONER
AND ISSUE THE E-KHATHA CERTIFICATE STANDING IN THE NAME
OF THE PETITIONER WITH RESPECT TO THE SCHEDULE PROPERTY
WITHIN A TIME FRAME TO BE FIXED BY THIS HONORABLE COURT
OR WITHIN FOUR WEEKS FROM THE DATE OF THE FINAL ORDER.
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 petitioner has sought for a writ in the nature of mandamus to consider his online digital khatha transfer application dated 01.09.2025 and issue the e-khatha certificate in his name with respect to schedule property.
2. (i) The petitioner contends that one Mr.Phylee Minoo Maneckjee was the owner of a property bearing Municipal No.9 measuring 4,439 square feet, situated at Museum Road, Bengaluru - 560 001. He executed a sale deed dated 15.10.2004 in favour of the petitioner conveying 1,815 square feet out of 4,439 square feet. He thereafter executed a Will dated 23.12.2022, bequeathing the remaining portion of the -3- NC: 2025:KHC:45003 WP No. 33354 of 2025 HC-KAR aforesaid property. The name of Mr.Phylee Minoo Maneckjee appeared in the property register maintained by the respondent Nos.1, 2 and 3. The said Mr.Phylee Minoo Maneckjee died on 06.07.2023.
(ii) It appears that petitioner had in the meanwhile obtained a probate of the Will executed by Mr.Phylee Minoo Maneckjee in P & SC No.119/2024. He then approached the respondent No.1 by an application dated 02.05.2025 for issuance of e-khatha. However, the respondent No.1 issued an endorsement dated 03.05.2025 directing the petitioner to produce the death certificate of Mr.Phylee Minoo Maneckjee and his sister and a family tree of Mr.Phylee Minoo Maneckjee duly attested by the Tahsildar.
(iii) Later, the petitioner submitted a representation on 13.05.2025 to transfer the khatha and issue the e-khatha in the name of the petitioner. On 03.06.2025, the respondent No.1 issued an endorsement directing the petitioner to obtain and produce a registered relinquishment deed from the sister of Late.Mr.Phylee Minoo Maneckjee. The petitioner then filed an application online for issuance of digital e-khatha on -4- NC: 2025:KHC:45003 WP No. 33354 of 2025 HC-KAR 01.09.2025. Since the same is not considered, the petitioner is before the Court.
3. The learned counsel for the petitioner contends that the petitioner is a beneficiary of a will executed by one Mr.Phylee Minoo Maneckjee, who was the registered khatedar of the property and therefore, the respondents could not have dug into the issue further by calling upon the petitioner to produce the relinquishment deed from the sister of Mr.Phylee Minoo Maneckjee. He contends that the Will executed by Mr.Phylee Minoo Maneckjee is probated and therefore, the lawful execution of the Will is proved and no one has challenged the probate granted. He therefore contends that the respondents cannot sit over the judgment and decree of the District Court granting probate and they are bound to enter the name of the petitioner in the property register and issue the e-khatha.
4. Per contra, the learned counsel for the respondent Nos.1 to 3 submits that under the Will executed in favour of the petitioner, the sister of Mr.Phylee Minoo Maneckjee was reserved the right of residence until her death. He therefore -5- NC: 2025:KHC:45003 WP No. 33354 of 2025 HC-KAR contends that the respondents were justified in calling upon the petitioner to obtain a relinquishment deed.
5. It is relevant to note that the khatha of the property in question stood in the name of Mr.Phylee Minoo Maneckjee and he purportedly executed a Will in favour of the petitioner, which was probated by the Court. Therefore, the respondents cannot go behind the probate granted by the Court. The probate granted by the Court shows that the sister of Mr.Phylee Minoo Maneckjee had filed an affidavit admitting the lawful execution of the Will. If that be so, the respondents cannot go behind the probate granted by the Court and they are bound to take steps to enter the name of the petitioner in the property register and issue the e-khatha by considering his application.
6. In that view of the matter, the following order is passed:
ORDER i. The petition is allowed. ii. The respondent No.1 is directed to enter the name of the petitioner in the property register and issue the e-khatha showing the name of the -6- NC: 2025:KHC:45003 WP No. 33354 of 2025 HC-KAR petitioner in respect of the bearing Municipal No.9, Museum Road, Bangalore - 560 001, within a period two months from the date of receipt of a copy of this order.
Sd/-
(R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 28