IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.31456/2017 (LB-BMP) Between:
P.Vincent S/o late Henry.P Aged about 66 years R/at No.7, Osborne Orchid Apartment Osborne Road Bangalore - 560 042. … Petitioner (By Smt. Sharadha. N., Advocate) And:
1. The Commissioner Bruhat Bangalore Mahanagara Palike Hudson Circle Bangalore - 560 002.
2. The Joint Commissioner Bruhat Bangalore Mahanagara Palike South Zone, Commercial Complex, 9th Cross, 9th Main Jayanagar II Block Bangalore - 560 011.
3. The Assistant Revenue Officer Koramangala Sub-Division BBMP, 5th Block Koramangala Bangalore - 560 034.
4. Sri V. Subbarayan No.9, 7th Cross, Swimming Pool Layout Malleshwaram Bangalore - 560 003.
5. Sri V. Shanmuga Sundaram No.9, 7th Cross, Swimming Pool Layout Malleshwaram Bangalore - 560 003. … Respondents (By Sri Devendrappa. H., Advocate for R1 to R3; R4 & R5 – Party in Person – Absent) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to set aside/quash the order dated 2.5.2017 passed by the R2 at Annexure-P and etc.
This Writ Petition coming on for hearing this day, the Court made the following:
ORDER The petitioner who is stated to be the owner of the property bearing No.13/5, situated at Jakkasandra Village, Begur Hobli, Bengaluru South Taluk has challenged the order at Annexure-P dated 02.05.2017 whereby the petition filed by the petitioner to revoke the Katha standing in the name of respondent Nos.4 and 5 had been rejected.
2. The respondent–Bruhat Bengaluru Mahanagara Palike (BBMP) has observed while passing the impugned order that the dispute was civil in nature and ought to be sorted out in appropriate proceedings before the civil court.
3. It is submitted by learned counsel for the petitioner that O.S.No.929/2017 has been instituted seeking the relief of declaration and the respondent Nos.4 and 5 have been arrayed as defendants in the said suit.
4. In light of the said proceedings having been instituted and is at the stage of recording of evidence, learned counsel for the petitioner states that the entries in the books of BBMP in the names of respondent Nos.4 and 5 must be made subject to the outcome of the proceedings before the civil court and that would address the grievance of the petitioner sufficiently.
5. In light of the said submission, petition is disposed of with no orders being passed with regard to the validity of the impugned order. However, the contentions of parties are kept open and respondent – BBMP to take note of the orders passed in O.S.No.929/2017 and upon finalization of the said proceedings, to take note of the orders and effect change in the revenue entries consequently.
The petition is disposed off accordingly.
Sd/- JUDGE VGR