IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.19810/2017 (LB-BMP) BETWEEN:
MRS MAZHARUNNISSA W/O LATE JANARTHAN @ RIYAZ KHAN AGED ABOUT 60 YEARS RESIDING AT NO.386 5TH MAIN, NGEF LAYOUT SADANANDA NAGAR BANGALORE-560 038.
... PETITIONER (BY SRI.M SHIVAPRAKASH, ADV.) AND 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE-560 002.
2. THE DEPUTY COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE EAST, MAYO HALL BANGALORE-560 025.
3. THE ASSISTANT REVENUE OFFICER C.V.RAMAN NAGAR, SUB-DIVISION DISPENSARY ROAD, SHIVAJINAGAR BANGALORE-560 042.
... RESPONDENTS (BY SRI.B. V. MURALIDHAR, ADV. FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM RESPONDENT AUTHORITIES IN RESPECT OF PROCEEDINGS NO.DA/PR/KTR/194/16-17 FROM THE OFFICE OF R-2 AND TO ISSUE WRIT OF CERTIORARI AND QUASH THE ENDORSEMENT AT ANNEXURE-Q DATED. 17.12.2016. ISSUED BY R-3 CONSEQUENTLY, TO DIRECT THE R-3 TO ISSUE KHATHA CERTIFICATE IN RESPECT OF HOUSE PROPERTY IN THE NAME OF PETITIONER BEING LEGAL HEIR AND WIFE OF LATE JANARTHAN.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING “B” GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed questioning the endorsement dated 17.12.2016 issued by the respondent No.3 vide Annexure-Q.
2. The case of the petitioner is that on 30.3.1984, the petitioner married one Janarthan as per the Hindu Customs. The petitioner’s husband was the employee in NGEF. He acquired the property in NGEF Layout bearing No.386, 5th Main, NGEF Layout, Sadananda Nagar, Bangalore. The petitioner’s husband expired on 26.4.2016. The petitioner being the legally wedded wife and legal heir, who has succeeded to the estate of late Janarthan, has filed an application on 22.11.2016 to the Corporation for change of katha in her name in respect of House No.386, 5th Main NGEF Layout. The respondent- Corporation has called upon the petitioner to file an affidavit of the petitioner along with her daughter and to produce the family tree. Subsequently, the petitioner has furnished the relevant documents. The respondent by endorsement dated 17.12.2016 sought additional documents from the petitioner to consider her application for change of katha. Being aggrieved by the same, the petitioner is before this Court.
3. The learned counsel appearing for the petitioner submits that the petitioner has produced sufficient documents along with the application to establish that she is the legally wedded wife of one Janarthan. Inspite of that the Corporation has issued an endorsement vide Annexure-Q. Hence, he sought for allowing the writ petition.
4. Per contra, the learned counsel appearing for the Corporation submits that the application of the petitioner is not rejected by the Corporation vide Annexure-Q, the Corporation has requested for additional documents to be produced by the petitioner to prove that she is the legally wedded wife of deceased Janarthan. But in the documents which are produced by the petitioner, the name of Janarthan has been changed to Riyaz Khan. To establish that, the Corporation has asked the petitioner to produce additional documents.
5. Heard the learned counsel appearing for the parties.
6. It is not in dispute that the property bearing No.386, 5th Main, NGEF Layout, Bangalore belongs to one Janarthan. The case of the petitioner is that she married the said Janarthan on 30.3.1984. Subsequently, he changed his name as Riyaz Khan. Now, the petitioner has produced the Passport issued by the competent authority, .
7. In view of the above, the writ petition is disposed of. The petitioner is directed to furnish the passport along with all other relevant documents to establish that she is married to one Janarthan, who has changed his name as Riyaz Khan. If such a document is produced, the Corporation to consider the same and pass the order on the application filed by the petitioner within three months from the date of furnishing the additional documents.
Sd/- JUDGE DM