IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.57762 of 2018 (LB - BMP) Between:
Sri. Chikka Madaiah S/o. Late Chikkegowda, Aged about 72 years, Residing at No.90/26, 2nd Main Road, 9th Cross, Vittal Nagar, Bengaluru – 560 026. ... Petitioner (By Sri. A. Chandra Chud, Advocate) And:
1. The Commissioner, Bruhath Bengaluru Mahanagara Palike, N.R. Square, Corporation Circle, Bengaluru – 560 001.
2. The Assistant Revenue Officer (A.R.O.) Bruhath Bengaluru Mahanagara Palike, Chamrajpet Zone, Dr. T.C.M. Royan Road, 1st Floor, Good Shed Road, Bengaluru – 560 053. ... Respondents (By Sri.K.V. Mohan Kumar, Advocate for R1 and R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 05.11.2018 issued by R-2 at Annexure-S and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioner is stated to be the recipient of rights with respect to site bearing Nos.109 and 110 situated in Division No.24 said to be formed in Sy.No.14/3, 21/2 of Karithimmanahalli, Kasaba Hobli, Bengaluru South Taluk measuring East to West - 30 feet and North to South - 33 + 35/2 feet and East to West - 25 feet and North to South - 30 + 33/2 feet respectively.
2. The petitioner states that as the Gift Deed dated 10.08.2012 executed by M.Krishna Murthy had certain defects, the Rectification Deed dated 30.08.2013 came to be executed as per Annexure-B and appropriate application was made to the respondent-Authority for effecting khata. However, the said application has been disposed of by virtue of an endorsement at Annexure-S dated 05.11.2018.
3. Learned counsel for the respondent – BBMP upon instructions states that while considering the application of the petitioner, the respondent –BBMP had addressed a communication to the Bangalore Development Authority which in its correspondence dated 26.03.2018 had referred to the pendency of R.F.A. No.107/2014. Hence, it is submitted by the learned counsel for the BBMP that on the basis of the communication issued by the Bangalore Development Authority, an endorsement came to be issued to the petitioner stating that the application of the petitioner would be considered after the disposal of R.F.A. No.107/2014.
4. The petitioner contends that the only litigation pertaining to the said property was O.S.No.3210/1997 filed by M.Krishna Murthy against the Bangalore Development Authority and General Manager-KSRTC, wherein the said M.Krishna Murthy had sought for certain declaratory reliefs. The said suit having been decreed declaring the plaintiff to be an absolute owner with a direction to the defendants in the said suit not to interfere with the peaceful possession and enjoyment of property of the said M.Krishna Murthy. It is stated that the appeal against the said suit has come to be dismissed in R.F.A. No.391/2011.
5. The petitioner states that the original suit and the appeal referred to above relate to the property including site Nos.109 and 110 with respect to which the khata entry has been sought.
6. It is seen that the details of the case i.e.
R.F.A. No.107/2014 found in the impugned
counsel for the respondent–BBMP also.
7. Accordingly, the endorsement at Annexure-S dated 05.11.2018 is set-aside and the matter is remitted to respondents for fresh consideration. The respondent– BBMP to reconsider the application of the petitioner as regards effecting khata entry as regards site Nos.109 and 110 in Ward No.141 at Vittal Nagar, Bengaluru, in accordance with law. The said consideration is to be completed within a period not later than three months from today. Any documents required by the respondent – BBMP for the purpose of considering the application of the petitioner to effect khata is to be furnished to the respondent-BBMP.
8. It is made clear that while making such consideration, if the respondent – BBMP is to find that the judgment and decree in O.S.No.3210/1997 affirmed in appeal R.F.A. No.391/2011 relates to the site Nos.109 and 110 with respect to which khata has been sought for, the said fact is to be taken note of while considering and disposing of the application of the petitioner seeking khata entry in the revenue records.
This petition is accordingly allowed subject to the above observations.
Sd/- JUDGE SJK