IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.14520/2018(LB-BMP ) BETWEEN SRI CHIDANAND N BURJI S/O LATE NANDAPPA S BURJI AGED ABOUT 56 YEARS, RESIDING AT NO.44, 9TH CROSS, MAHALAKSHMI LAYOUT FURTHER EXTENSION BENGALURU-560 086.
(BY SRI. DESAI S V, ADVOCATE) AND 1 . THE COMMISSIONER OF BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560 002 2 . THE ASSISTANT REVENUE OFFICER WARD NO.39 41, PEENYA INDUSTRIAL AREA SUB-DIVISION, DASARAHALLY CIRCLE BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE-560 057.
(BY SRI: K N PUTTEGOWDA, ADVOCATE) …PETITIONER …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO BIFURCATE THE EXISTING KHATHA AND ISSUE AN INDIVIDUAL KHATHA IN FAVOUR OF THE PETITIONER IN RESPECT OF 35% I.E. 706.2 SQ. METERS OUT OF TOTAL MEASURING 2022 SQ. MTRS IN THE DISSOLVED FIRM’S PROPERTY BEARING INDUSTRIAL PROPERTY NO.471/A1, SITUATED AT 4TH PHASE, PEENYA INDUSTRIAL AREA, BANGALORE-560058, AS PER THE JOINT MEMO DATED 31.08.2016 ANNEXURE-B & C SKETCH, ORDER DT. 31.08.2016 ANNEXURE-D PASSED IN EX. PETITION NO.2781/2015 AND ARBITRATION AWARD 05.06.2015 I.E., ANNEXURE-A; DIRECT THE AUTHORITIES TO COLLECT THE PROPERTY TAX FOR 35% SHARE I.E., 706.2 SQ. METERS ONLY FROM THE PETITIONER.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a memo seeking for withdrawal of the petition and states that respondent – authorities have issued notice upon consideration of the representation of the petitioner.
In light of the said submission and memo filed, petition is dismissed. Contentions of the parties are kept open.
Sd/- JUDGE VP