IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.30003-06/2017 (LB-BMP) BETWEEN:
1. Ammaiahamma W/o late Doddaiah, Aged about 60 years, #15, 2nd main road, Jedarahalli, 5th block, Rajajinagar, Bengaluru – 560010.
2. Shashikala W/o late Narasappa, Aged about 41 years, #15, 2nd main road, Jedarahalli, 5th block, Rajajinagar, Bengaluru – 560010.
3. Manjula, W/o late Ramachandra, Aged about 45 years, #15, 2nd main road, Jedarahalli, 5th block, Rajajinagar, Bengaluru – 560010.
4. Jayalakshmi, W/o late Ramalingaiah, Aged about 42 years, #15, 2nd main road, Jedarahalli, 5th block, Rajajinagar, Bengaluru – 560010.
(By Sri.Diwakara.K, Advocate) AND:
…Petitioners 1. Bruhat Bengaluru Mahanagara Palike, Rep by its Commissioner, Corporation Head Office Control, N.R.Square, Bengaluru – 560002.
2. The Assistant Revenue Officer, Sri.Rama Mandira Valaya, BBMP Vanijya sankirana Commercial complex, Rajajinagar, Bengaluru – 560010.
...Respondents (By Smt.Saritha Kulkarni, Advocate for R1 and R2) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct R2 to change the khata in the names of petitioners as per the communication dated 25.03.2017 at Annex-B.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
O R D E R The petitioners claim their right with respect to the schedule property through Cheluvaiah, the father in law of the petitioners. It is submitted that Cheluvaiah owns two properties and one amongst the property is the property bearing No.15/7 Old No.M6, 1st Main Road, Jedhahalli, Rajajinagar, Bengaluru -10.
2. It is further submitted that the schedule property was allotted to the share of Cheluvaiah’s sons as the other property is stated to have been transferred by way of gift to Cheluvaiah’s daughter.
3. It is submitted that Cheluvaiah died on 16.05.1998 and the petitioners have asserted their right and sought for transfer of khatha in their names with respect to the property referred to above. It is stated that the said application for transfer of Khatha has been objected to by grand daughter of Cheluvaiah. Taking note of the same, endorsement has been issued by the respondent – BBMP as per Annexure-B. It is noticed that no doubt the endorsement at Annexure-B directs the party to go before the civil Court. The respondent – BBMP to reconsider the said order/endorsement by looking to the material submitted by the petitioners along with a fresh representation and such other material as may be placed before the respondent BBMP. The endorsement/order is cryptic and does not assign specific reasons as regards to the nature of rival claim if any and as to whether in the light of the rival claim put forward no decision could be taken to effect katha into the name of the petitioners.
4. In view of the above, the impugned order/endorsement is set aside and the respondent BBMP to re-consider the matter.
5. The respondent – BBMP to hear all affected parties while passing the endorsement. Such endorsement to be issued within a period of six weeks from the date of receipt of certified copy of this order.
Accordingly, petitions are disposed off subject to the above observations.
Sd/- JUDGE NS