IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.21677 OF 2019 (LB-RES) AND W.P.Nos.36798-37995 OF 2019 BETWEEN:
M/S PROVIDENT HOUSING LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIESE ACT, 1956 HAVING ITS REGISTERED OFFICE AT 130/1, ULSOOR ROAD BENGALURU 566 043 REPRESENTED BY ITS VICE PRESIDENT-LEGAL MR.S. JOHN VIJAYAKUMAR ... PETITIONER (BY SRI UDAYA HOLLA, SENIOR COUNSEL FOR SRI JOSEPH ANTHONY, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU 560 001.
2. PANCHAYATH DEVELOPMENT OFFICER H. GOLLAHALLI GRAMA PANCHAYATH H. GOLLAHALLI KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU 560 060 3. THE SUB-REGISTRAR NO.8, J.P. NAGAR AMRUTJ NAGAR, ANJANADRI LAYOUT KONANAKUNTE BENGALURU 560 062. …RESPONDENTS (BY SRI M.A. SUBRAMANI, HCGP FOR R-1 & R-3 SRI K. RANJAN KUMAR ADV., FOR R-2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO COMPLETRE THE LINKING OF KHATHAS WITH SALE DEEDS OF THE PETITIONER’S 1199 CUSTOMERS SO AS TO ENABLE THE PETITIONER’S CUSTOMERS TO PAY THE STATUTORY TAXES AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the parties.
2. In these writ petitions, petitioner has sought for the following reliefs:
“a) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent Nos. 2 and 3 to complete the linking of khathas with sale deeds of the Petitioner’s 1199 customers so as to enable the petitioner’s customers to pay the statutory taxes;
b) Grant such other further reliefs as this Hon’ble Court deems fit in the interest of justice and equity.”
3. Sri Udaya Holla, learned Senior counsel appearing for the petitioner submits that the petitioner is a developer, they have purchased the property from the land owners by the registered sale deed, pursuant to that their name was entered in the Khatha vide Annexure-D. Now the petitioner has sold the developed property in favour of the different Buyer by a registered sale deed. Only relief sought by the petitioner is to enter the name of the purchaser in that Khatha Register as per provisions of Rules 11 & 12 of Karnataka Panchayat Raj (Grama Panchayat Taxes and Fees) Rules 1994 and he further submitted that on an earlier occasion, this Court in similar circumstances, in writ petitions No.13026/2016 and 13479-13502/2016 has granted similar relief. The same has been challenged before the Division Bench of this Court in W.A.No.990/2016 and W.A.Nos.1097-1120/2016. By order dated 14.12.2016, the same has been dismissed by confirming the order passed by the learned Single Judge dated 14.03.2016.
4. Sri K. Ranjan Kumar, learned counsel appearing for respondent No.2-Panchayat submitted that if the petitioner submits a representation along with the individual registered sale deeds of the purchaser, the same will be considered in accordance with law.
5. In view of the above, petitioner is permitted to give the representation along with the individual registered sale deeds of the purchaser to respondent No.2 and respondent No.2 is directed to consider the same in accordance with law within two months from the date of receipt of copy of this order.
With the above observations, the writ petitions are disposed of.
In view of the disposal of the writ petitions, I.A.No.1/2019 does not survive for consideration and accordingly disposed of .
Sd/- JUDGE HR