Petitioner had approached this Court seeking correction of BTR records and for deletion of entry in the draft data bank. Petitioner is the Managing Trustee of an Educational and Charitable Trust. They acquired some item of property as per sale deed No. 2177/2012. According to them, they constructed a building there, and they were not aware of the draft data bank particulars at the relevant point of time. According to them, the property was lying as garden land and was not a paddy field at all. However, when the draft data bank was prepared by the Local Level Monitoring Committee, the same was shown as paddy land. Same is the situation as far as the Basic Tax Register (BTR is concerned). 2. When the petitioner approached the 6th respondent for issuance of completion certificate and to obtain the number for the building, the same was not given on account of the aforesaid factual situation.
W.P.C.No.9245 OF 2014 2
3. It is not in dispute that the property is described as paddy land in the draft data bank prepared by the Local Level Monitoring Committee. As such, it is not possible for either the Panchayath to grant the permission or for the petitioner to have made any construction in the said property, unless changes were made in the draft data bank. Now that the entire construction has been completed, the only option available to the petitioner is to approach the Local Level Monitoring Committee to seek change in the data bank entires, if as a matter of fact the paddy land was filled up before the date on which the Act had come into force. During the pendency of the writ petition, the petitioner had submitted Ext.P6 application to the 7th respondent for correcting the data bank entries. Hence, this writ petition is disposed of as under:
The 7th respondent shall consider Ext.P6 and pass appropriate orders within a period of one month from the date of receipt of a copy of this judgment. If necessary corrections are made, it shall be open for the petitioner to approach the 6th respondent seeking W.P.C.No.9245 OF 2014 3 for the necessary occupancy and completion certificate. Such request shall be considered in accordance with the procedure prescribed. In regard to the claim for correction of BTR records, the claim is left open to be decided in appropriate proceedings.
Sd/- A.M.SHAFFIQUE, JUDGE sd // TRUE COPY // P.A. TO JUDGE