Prakash Jain v. The Bangalore Development Authority

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 31647 OF 2025 (BDA) BETWEEN:

¶1PRAKASH JAIN SON OF LATE NAINMAL JAIN, AGED ABOUT 36 YEARS, RESIDING AT NO.402, 4TH FLOOR, NO.41/3, VANIVILAS ROAD, SHANKARPURAM, BENGALURU - 560 004.

¶2RAMESH CHAND CHORADIYA, SON OF MITHALALA CHORADIYA, AGED ABOUT 63 YEARS, RESIDING AT NO.116, 5TH MAIN ROAD, GANGANANGAR, RT NAGAR, BENGALURU - 560 032. …PETITIONERS (BY SRI. ABHINAY Y.T., ADVOCATE) AND:

¶1THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020, REPRESENTED BY ITS COMMISSIONER. by VIJAYA P Location: HIGH COURT OF KARNATAKA e -e2e-eeeee e e NC:(2026:KHC:5309 WP(No.(31647(of(2025

2., REVENUE,OFFICER,, NORTH,DIVISION,,, BANGALORE,DEVELOPMENT,AUTHORITY,, BENGALURU,-,560,020.,

3., SVS,PROPERTIES,INDIA,PVT.,LTD.,, A,COMPANY,INCORPORATED,UNDER,THE, COMPANIES,ACT,,1955,, AND,HAVING,ITS,REGISTERED,OFFICE, THAT,,NO.216/13,,27 ,CROSS,, RD3 ,,BLOCK,,JAYANAGAR,, BENGALURU,-,560,011,, REPRESENTED,BY,ITS,, MANAGING,DIRECTOR,,, SVS,SUDHEER,BABU.,

4., CANARA,BANK,, ASSET,RECOVERY,MANAGEMENT,BRANCH,-1,, NO.86,,SPENCERS,TOWERS,, MG,ROAD,,BENGALURU,-,560,001,, REPRESENTED,BY,ITS,AUTHORIZED,SIGNATORY.,

5., VAISHAK,GOWDA,, SON,OF,N.,JAYARAM,, AGE,NOT,KNOW,TO,PETITIONER,,, RESIDING,AT,NO.567/7,, TH TH5 ,MAIN,,9 ,CROSS,, HOPCOMS,BACKSIDE,, SADASHIVANAGAR,, BENGALURU,-,560,080.,

6., N.,JAYARAM, RETIRED,AS,COMMISSIONER,,, BANGALORE,DEVELOPMENT,AUTHORITY,,, THRESIDING,AT,NO.567/7,,5 ,,MAIN,,, e -e3e-eeeee e e NC:(2026:KHC:5309 WP(No.(31647(of(2025 TH9 ,CROSS,,HOPCOMS,BACKSIDE,, SADASHIVANAGAR,,, BENGALURU,-,560,080., …RESPONDENTS, (BY,SRI.,MURUGESH,V.,CHARATI,,ADV.,FOR,R1,AND,R2;, ,,,,,,SRI.,VIGNESH,SHETTY,,ADV.,FOR,R4;,, ,,,,,,SRI.,ARJUN,RAO,,ADV.,FOR,R5;, ,,,,,,SRI.,SAMEER,SHARMA,,ADV.,FOR,R6), , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,QUASH,THE,ORDER, BEARING, NO.BEASPRA, SANKYA, 1217, DATED, 23.5.2025, STPASSED,BY,THE,1 ,,RESPONDENT,(ANNEXURE-G),AND,ETC.,,, , THIS, PETITION,, COMING, ON, FOR, ORDERS,, THIS, DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,S,SUNIL,DUTT,YADAV ORAL(ORDER W.P.No.31647/2025, is, de-linked, from, connected, matters,and,ordered,separately.,Notice,to,respondent,No.3, is,waived,off.,,

¶2The, petitioner, has, sought, for, setting, aside, of, stthe, order, at, Annexure-G,, passed, by, the, 1 , respondent., Annexure-G, are, the, proceedings, of, the, respondent-Bangalore, Development, Authority, (BDA), which, has, culminated,into,an,office,order,,whereby,katha,effected,in, stthe, name, of, Prakash, Jain,, the, 1 , petitioner, herein, has,

been cancelled and file is put up for effecting katha in the name of Canara Bank.

¶3The only relevant facts for the limited purpose of disposal of the petition is that 1st petitioner claims to have purchased site No.89 pursuant to a sale deed of

22.04.2017 and the 2nd petitioner thereafter has purchased site No.89 from the 1st petitioner on

12.08.2024. The petitioners submit that they had thereafter made application for effecting of katha in terms of the said deed and accordingly, the respondent - BDA had effected katha in the name of the 1st petitioner at the relevant point of time.

¶4It is noticed that respondent No.4 - bank had initiated certain proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short 'SARFAESI Act') with respect to the site in question. Proceedings are sought to be enforced against the site that was stated to be

mortgaged on 30.09.2014, have been effected by the vendor of the 1st petitioner.

¶5It is subsequently submitted that in light of proceedings under the SARFAESI Act, property was brought to sale and respondent No.5 is the auction purchaser in whose name sale certificate has been issued on 03.06.2025, and is stated to have been subsequently registered on 08.06.2025.

¶6Insofar as the petitioners' prayer that the proceedings before the BDA requires to be set aside insofar as katha standing in the name of 1st petitioner was cancelled without notice to him. Matter requires consideration.

¶7Learned counsel for respondent No.5 submits that as on date the respondent-BDA while taking a decision for effecting katha may have to consider the sale certificate in their favour which according to the 5th respondent has overriding title. Accordingly, it is

submitted that the respondent - BDA may be directed to hear both sides i.e., the claimants being petitioners on one hand as well as respondent No.5 on the other hand and proceed to pass appropriate orders.

¶8It is also submitted by the counsel for the respondent - bank that respondent No.5 trace their title through actions of the SARFAESI Act by the respondent - bank and the bank would also make their submissions before the respondent - BDA.

¶9Learned counsel for the respondent - BDA submits that they would re-examine the matter in light of the facts of rival claims between the petitioners on the one hand and respondent No.5 on the other hand and pass orders as per law.

¶10Taking note of the above said facts, the entirety of the dispute regarding effecting of name by way of katha is relegated to the respondent - BDA in terms of the following:

i) The respondent - BDA to hear the petitioners as well as respondents No.4 and 5 as may be required and pass appropriate orders after examining the rival claims for making entries in katha.

ii) Needless to state, that the power of the respondent - BDA is limited only insofar as effecting of revenue entries and cannot exceed such power of adjudicating on title.

iii) Respondent - BDA to adhere to the principles of natural justice.

iv) Both the petitioners and respondent No.5 to appear before respondent No.2 - Revenue Officer without further notice on 16.02.2026 at

11.30 a.m.

¶11Needless to state, the proceedings at Annexure- 'G' would not come in the way of BDA taking a fresh decision as per law.

¶12Accordingly, petition is disposed of. All contentions of both sides are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR