IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.36531/2018 (LB-BMP) Between:
1. Mr. H.Liyakath Ali Khan S/o. Late Habeeb Khan Aged about 51 years R/at No.123, 3rd Cross Arekere Layout B.G.Road Cross Bangalore – 560 076.
2. Mr. H. Ebrahim Khan S/o. Late Habeeb Khan Aged about 48 years R/at No.30, Sri Ram Mandir Road Basavanagudi Bangalore – 560 004.
3. Mr. H.Azmathulla Khan S/o. Late Habeeb Khan Aged about 44 years R/at No.1, 9th ‘A’ Main BTM Layout, 1st Stage Bangalore – 560 072. ... Petitioners (By Sri Naveed Ahmed, Advocate) And:
1. Commissioner BBMP N.R. Square, Bangalore – 560 001.
2. Asst. Revenue Officer (South) Hombegowda Nagar Bangalore – 560 029. ... Respondents (By Sri T.M.Venkata Reddy, Advocate) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the respondent to consider the application of the petitioners dated 04.10.2017 and 10.11.2017 at Annexures-A and B.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:
ORDER The petitioners have sought for issuance of writ in the nature of mandamus to direct the respondent to consider the representations dated 04.10.2017 and 10.11.2017 and to pass necessary orders.
2. It is not in dispute that the property was standing in the name of parents of the petitioners as regards property No.29, old No.5/A situated at Sri Ram Mandir Road, Basavanagudi, Bengaluru, Ward No.50, V.V. Puram. Katha Certificate dated 15.03.2018 indicates that the entry in the records of the respondent authority stands in the name of the petitioners. Similarly as regards property No.30 which is adjacent to the property situated in the same locality, katha has been transferred into the name of the petitioners.
3. It is the submission of the learned counsel appearing for the respondent – BBMP that the kathas at Annexures-D1 and D2 have been passed on the basis of the request of the petitioners dated 04.10.2017.
4. Learned counsel for the petitioners points out that the petitioners have entered into deed of amalgamation dated 22.09.2017, a copy of which is produced at Annexure-E and had in fact sought for an amalgamated katha with respect to Site Nos.29 and 30.
5. Learned counsel for the respondent–BBMP states that for the purpose of considering the request for issuance of amalgamated katha, representation in requisite form along with deed of amalgamation may be submitted and the same would be considered in accordance with law.
6. Taking note of the said submission, learned counsel for the petitioners states that he will submit a fresh representation seeking amalgamated katha with respect to site Nos.29 and 30. If the said application is submitted to the respondent-BBMP within two weeks from today, the same is required to be considered in accordance with law including objections if any and to dispose of the said application/representation in accordance with law within a period of eight weeks thereafter.
Subject to the above observations, petition is disposed of.
Sd/-
JUDGE KA/-