IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.7474/2019 (LB RES) BETWEEN:
Smt.Pushpa, W/o late Sri.K.G.Jayappa, Aged about 63 years, R/o 3rd Cross, Siddaramappa Extension, Holalkere Town and Taluk, Chitradurga District-577 526.
(By Sri.Somashekara K.M, Advocate) AND:
1. State of Karnataka, Urban Development Department, Rep.by its Secretary, Vidhana Soudha, Bengaluru-560 001.
2. Holalkere Town Municipality Represented by Chief Officer, Holalkere Town, Chitradurga District-577 526.
3. The Chief Officer, Holalkere Town Municipality, Holalkere, Chitradurga District-577 526.
(By Sri.M.A.Subramani, HCGP for R1 Sri.Naveen, Advocate for R2 and R3) ... Petitioner ... Respondents **** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-2 and 3 to transfer the records in the name of the petitioner, in respect of site Nos.11 and 12 vide property ID:12-501-1-2051/67 and 12-501-1-2051/66 respectively, situated at Holalkere Town, Chitradurga District or in the alternative, to consider the application dated 12.12.2016 for transferring the records in respect of the above said properties in the name of the petitioner vide Annexure-G.
This Writ Petition coming on for Preliminary hearing in ‘B’ Grop this day, the Court made the following:
ORDER The petitioner states her husband had purchased site Nos.11 and 12 in a public auction conducted by respondent Nos. 2 and 3. Consequent to the said public auction proceedings, sale certificate is said to have been issued to the petitioner’s husband as per Annexure-B. Subsequently, petitioner’s name said to have been entered in the books of the respondent-Authorities. The petitioner further states that the taxes have been paid as regards to the said sites and has produced the tax paid receipts at Annexures-D and D1. The petitioner states that her husband K.G.Jayappa passed away on 16.10.2007, death certificate is produced at Annexure-
E. The petitioner states that an appropriate representation in the prescribed form has been submitted to the respondent Nos.2 and 3-Authorities on 12.12.2016 and despite having complied with all requirements, no action has been taken by the respondent-Authorities as regards the application at Annexure-G.
2. Learned counsel Sri.Naveen, who appears for respondent Nos.2 and 3 states that the application of the petitioner at Annexure-G would be considered if all requirements are in order.
3. Taking note of the said submission, petition is disposed of directing respondent Nos.2 and 3 to consider the application of the petitioner at Annexure-G and to dispose of the said application by passing an appropriate order within a period of eight weeks from today. The petitioner to produce necessary documents and records as may be required by respondent Nos. 2 and 3 to enable appropriate consideration.
In view of the above observations, petition is disposed of.
Sd/- JUDGE SB