IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.8024/2019 (LB – BMP) Between:
Mysore Venkataswamy Chettiar Trust, Registered Office:
No.9-A, Beach Road, Opp. to Taluk Office, Cuddalore District – 607 001, Tamil Nadu, R/by its Managing Trustee Sri K.Venkatesan, Aged about 42 years. … Petitioner (By Sri Nataraja Ballal, Advocate) And:
1. The Assistant Revenue Officer, Bruhat Bangalore Mahanagara Palike, Bangalore North, Samudya Bhavarga, 4th Cross, Jain Temple Road, T. Dasarahalli, Bangalore – 560 057.
2. The Assistant Revenue Officer, Old CMC Office, Tumkur Road 7, Dasarahalli, Bangalore - 57. … Respondents (By Sri Ashwin S. Halady, Advocate) This Writ Petition is filed under Articles 226 & 227 of Constitution of India, praying to direct the respondents to consider the application of the petitioner dated 21.01.2019 (Annexure-B) and issue the khata within a specified time fixed by this Hon’ble Court.
This Writ Petition coming on for preliminary hearing ‘B’ Group this day, the Court made the following:
ORDER The petitioner is stated to be a Trust and has filed the present petition seeking for issuance of a writ of mandamus to consider the application of the petitioner dated 21.01.2019 at Annexure-B for effecting khata with respect to the property bearing Municipal Door No.81 (old No.51), Brigade Road (Civil and Military Station), Bengaluru North Taluk.
2. The petitioner states that the interest as regards to the said property has been derived by virtue of a Gift Deed dated 14.12.2018. It is further stated that despite having approached the respondent Authority, no decision has been taken on the application for effecting khata into the name of the petitioner.
3. Sri Ashwin S. Halady, the learned counsel appearing for the respondent–Bruhat Bengaluru Mahanagara Palike (BBMP), upon instructions, states that the petitioner’s application would be considered subject to the petitioner furnishing the documents as may be required, including filing of a fresh application in the prescribed format. It is also submitted that copy of the Gift Deed dated 14.12.2018 has not been furnished to the Authority.
4. Taking note of the submission of learned counsel for the respondent, the respondent Authority is directed to dispose of the application of the petitioner that is available with the respondent as well as fresh application in the prescribed format that is required to be filed by the petitioner, within a period not later than three months from today. The said consideration is subject to the petitioner furnishing the documents as may be found to be necessary and required for the purpose of consideration of the application of the petitioner.
Subject to the above observations, this petition is disposed of.
Sd/- JUDGE VGR