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Karnataka High Court
Sri M L Anand Kumar vs Smt Parkodi J @ Parkodi J on 9 April, 2026
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NC: 2026:KHC:19783-DB
WA No. 1984 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 1984 OF 2025 (LB-RES)
BETWEEN:
1. SRI M L ANAND KUMAR
AGED 48 YEARS,
S/O LATE M LAKSHMINARAYAN SHETTY
2. SRI L NAGENDRA
AGED 46 YEARS,
S/O LATE M LAKSHMINARAYAN SHETTY
BOTH ARE R/AT 4TH MAIN, 6TH CROSS,
AMARAVATHI NAGARA BANGARPET (TQ)
KOALR-563162
...APPELLANTS
Digitally
signed by (BY SRI. D PRABHAKAR., ADVOCATE)
VASANTHA
KUMARY B K
AND:
Location:
HIGH
COURT OF 1. SMT PARKODI J @ PARKODI J
KARNATAKA
W/O P JAYARAM
AGED 56 YEARS,
RESIDING AT VIJAYANAGAR BANGARPET
KOLAR DISTRICT
REP BY GENERAL POWER OF ATTORNEY
SRI P JAYARAM
S/O PERIYANNA GOUNDER
R/AT VIJAYANAGAR,
BANGARPET TOWN
KOLAR-562160
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NC: 2026:KHC:19783-DB
WA No. 1984 of 2025
HC-KAR
2. THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
M S BUILDING, BENGALURU-560001
REPRESENTED BY ITS SECRETARY
3. THE COMMISSIONER
CITY MUNICIPAL COUNCIL
BANGARPETE KOLAR
DISTRICT-562160
4. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL
BANGARPET
KOLAR DISTRICT-562160
...RESPONDENTS
(BY SRI. BHAGYA REDDY, ADVOCATE FOR C/R1;
SRI. M.N.SUDEV HEGDE, AGA FOR R2)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP
No. 7869/2025, PERUSE THE SAME AND SET ASIDE THE
IMPUGNED ORDER DATED 23.10.2025, AND PASS SUCH
OTHER APPROPRIATE ORDERS, ALLOWING THE SAID WRIT
APPEAL, WITH COSTS THROUGHOUT, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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NC: 2026:KHC:19783-DB
WA No. 1984 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed under
Section 4 of the Karnataka High Court Act, 1961, against
the judgment and order dated 23.10.2025 passed by the
learned Single Judge in W.P.No.7869/2025 (LB-RES)
preferred by respondent No.1 herein.
2. The parties are referred to as per their ranking
before the writ Court, for the sake of convenience.
3. Petitioner filed the writ of petition seeking a writ of
mandamus to the Chief Officer, Town Municipal Council,
Bangarpete, Kolar District, to issue an E-Khatha, in respect
of the site bearing Municipal Khata No.29-504-130 K
No.3051 formed in Survey No. 33/2A, 33/B and 41/6B
situated as Desihalli Village, Kasaba Hobli Bangarpete
Taluk, Kolar District, possessing the boundaries East to
West 30 feet and North to South 180 feet, to consider her
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representation dated 10.09.2024 submitted on
11.09.2024.
4. According to the petitioner, she had purchased the
aforesaid site in terms of the sale deed dated 31.01.2000.
On the basis of the said sale deed, her name was entered
in the Municipal Records maintained by the Town Municipal
Council. It was also submitted on behalf of the petitioner
that property tax was collected from her, till filing of the
writ petition. She had submitted an application on
10.09.2024 seeking issuance of E-khatha in respect of the
said property. However, no action was taken.
5. Petitioner had also filed a suit in OS No.308/2001 for
permanent injunction to restrain the defendant from
interfering with the her possession over the property in
question and the said suit came to be decreed in her
favour. The defendant filed R.A.No.205/2002, which was
allowed. Thereafter, the petitioner had filed RSA
No.1340/2000. During the pendency of the regular
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second appeal, the sole defendant died and therefore, the
appeal was disposed of reserving liberty to the petitioner
to file a fresh suit. In the event, her possession was
interfered with.
6. The appellants herein had filed objection to the
application filed by the petitioner dated 10.09.2024
seeking issuance of E-khatha in respect of the scheduled
property bearing Municipal Khatha No.29-504-130 K
No.3051 situated at Desihalli Village, Kasaba Hobli,
Bangarapete Taluk, Kolar District. The Municipal Authority
also took an objection that as against the judgment and
decree passed in O.S.No.308/2001 filed by the petitioner,
R.A.No.205/2002 came to be allowed and
RSA.No.1340/2009 was dismissed as withdrawn. Unless
the petitioner secured an appropriate declaration from the
competent Civil Court establishing her ownership over the
schedule property, the question of issuing E-Khatha in
her favour would not arise.
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7. The learned Single Judge however, has held that as
the petitioner's name was not struck off from the Municipal
Records and issuance of an E-khatha in her favour would
not alter or affect the right, title or interest in the property
in any manner, and mere issuance of E-Khatha would not
obliterate the right, title or interests of other persons over
the property, directed for issuance of E-Khatha.
8. The learned counsel for the appellants submit that
the petitioner had lost the case in the regular first appeal
and her regular second appeal was withdrawn, and she
has not filed any fresh suit, therefore, E-Khatha could not
have been issued. He further has submitted that he has
filed objection for issuing E-Khata in her name and that
has not been considered until now.
9. We have considered the submissions of learned
counsel for the parties.
10. If the petitioner has filed an application, the same
should be considered by the Municipal Authority in
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accordance with the law. Any observation made by the
learned Single Judge would not come on the way of
considering the application of the appellants for deleting
the name of the petitioner from the Municipal Record.
11. We therefore, permit the appellants to file fresh
application if already not filed for mutating their names
and deleting the name of the petitioner from the Municipal
Records and cancelling the E-Khatha. The Municipal
Authority after hearing the parties i.e. the petitioner as
well as the appellants herein will consider the application
in accordance with the law without being influenced by the
observations made by the learned Single Judge
expeditiously.
12. With the above observations, the instant appeal
stands disposed of.
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13. In view disposal of the appeal, pending interlocutory
applications, if any do not survive for consideration, hence
stand disposed of.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
NG
CT:SN
List No.: 1 Sl No.: 3
