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 No.40040/2018 AND WRIT PETITION No.40614/2018 (LB-BMP) BETWEEN:
J.Krishna Naidu, S/o late J.Chinnappa Naidu, Aged about 56 years, R/at No.309, 7th Cross, IV Main, Banashankari I Stage, Srinivasanagara, Bengaluru – 560050.
(By Sri.Channe Gowda.C, Advocate) AND:
1. Bruhath Bengaluru Mahanagara Palike, Represented by its Commissioner, …Petitioner Head Office, J.C.Road, Bengaluru – 560002.
2. The Asst. Revenue officer, Bruhath Bengaluru Mahanagara Palike, Padmanabhanagara Zone, Bengaluru.
3. S.Narasimhaiah, S/o late Suggappa, Since dead by his L.Rs., (a) Smt.Sharadamma W/o late Narasimaiah, Aged about 77 years.
(b) Prakash.N.
S/o late Narasimaiah, Aged about 51 years.
(c)Dinesh.N S/o late Narasimaiah, Aged about 45 years.
3(a) to (c) are R/at No.768, 13th A Cross, 3rd Main, Chandra Layout, Nagarabhavi I Stage, Bengaluru – 560072.
4. N.R.Prasad S/o B.Nataraj, Aged about 44 years, R/at No.86, 7th A Cross, 2nd Main, Ittamadu, Near Anjaneya Temple, Banashankari III Stage, Bengaluru – 560085.
...Respondents (By Sri.H.Devendrappa, Advocate for R1 and R2 Sri.Somashekar.K.H, Advocate for R4 R3 (A) to (C) – served These Writ Petitions are filed under Article 227 of the Constitution of India praying to quash the khatha certificate (Annexure-L) dated 03.03.2016 and the khatha extract (Annexure-M) dated 03.03.2016 both passed by the 2nd respondent.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
O R D E R The petitioner claiming to be the owner in peaceful possession and enjoyment of vacant site No.2, 5th Block, Kathariguppa Village, Banashankari 3rd Stage, Bengaluru has filed the present petition seeking for issuance of writ of certiorari to quash the khatha certificate at Annexure- L dated 03.03.2016 and consequential records. Further direction has been sought as against respondent No.1 to consider the representation of the petitioner dated 02.05.2017. While it is the claim of the petitioner that he possesses through exclusive rights with respect to the schedule properties with respect to the property at schedule-B, the respondent No.4 contests the said claim.
2. The learned counsel for the respondent – BBMP submits that the petitioner ought to have approached the respondent – authority by filing the review petition under Section 114(A) of the Karnataka Municipal Corporations Act, 1976.
3. It is noticed that the petitioner has made the representation at Annexure-W which has been received by the office of the respondent – BBMP on 02.05.2017. Looking into the nature of claim and counter claim made and also prayer sought for in the present petition, in effect petitioner seeks for cancelling the khatha executed in the name of the vendor of the respondent No.4. Taking note of Section 114(A) of the Act, the respondent – BBMP is to construe the representation at Annexure-W to be a review petition.
4. However, it is made clear that the petitioner is at liberty to file the additional representation which would be construed to be a part of Annexure-W.
5. Respondent – BBMP to afford an opportunity to hear both the petitioner and respondent No.4 and decide the matter in accordance with law within the period not later than 12 weeks from the date of appearance of the parties before the respondent – BBMP.
Accordingly, subject to the above observation petitions are disposed off.
Parties to appear before the respondent – BBMP on 27.11.2019.
Sd/- JUDGE NS