IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NO.12686/2019 (LB BMP) BETWEEN 1. SRI HEMANT GULATI AGE 51 YEARS, 2. SMT. NISHI GULATI, AGE 42 YEARS W/O HEMANT GULATI, R/AT FLAT 8C, BINNY CRESCENT APARTMENT, BENSON CROSS ROAD, BENSON TOWN, BANGALORE-560046.
(BY SRI TAJUDDIN, ADV.) AND 1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE (BBMP) BANGALORE 2. THE JOINT COMMISSIONER BOMMANAHALLI SUB DIVISION, BRUHATH BANGALORE MAHANAGARA PALIKE (BBMP) BOMMANAHALLI -560068 BANGALORE 3. ASSISTANT REVENUE OFFICER BOMMANAHALLI SUB DIVISION, BRUHATH BANGALORE MAHANAGARA PALIKHE (BBMP) ... PETITIONERS BOMMANAHALLI -560068 BANGALORE ... RESPONDENTS (BY SRI K N PUTTE GOWDA, ADV. FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 3 TO CONSIDER REPRESENTATIONS OF PETITIONERS IN ACCORDANCE WITH EARLIER APPLICATION OR LATEST APPLICATIONS AS PER ANENXURE-B, F AND G.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioners and the learned Counsel for the respondents.
2. Petitioner is before this Court seeking writ of mandamus, thereby directing the respondents to consider and dispose of the representation of the petitioner vide Annexures-B, F & G.
3. Learned Counsel for the respondents submits that the matter requires a policy decision to be taken with regard to converting ‘B’ Khatha to ‘A’ Khatha and that some more time is required.
4. Learned Counsel for the petitioners would insist that the matter be considered in the light of the order passed in W.P.Nos.6374-51/2013 disposed off on 19.12.2014. It is seen that the petitioner therein also had sought for transfer of khatha in respect of an apartment.
5. Be that as it may, it is not disputed that the representations made by the petitioners is pending consideration with the respondents. In that view of the matter, this Court is of the opinion that the instant writ petition could be disposed off by directing respondent No.2 to consider and dispose off the representations produced vide Annexures-B, F & G. Ordered accordingly.
6. Respondent No.2 shall dispose off the representations within an outer limit of twelve weeks from the date of receipt of a copy of this order, in accordance with law.
Sd/- JUDGE KK CT-HR