IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.19213/2018 (LB-BMP) Between:
Sri. Prakash Reddy S/o. Annaiah Reddy, Aged about 60 years, Residing at No.47/1, Reddy Colony, Yamalur, Bengaluru-560 037. ... Petitioner (By Sri. B.A. Turki and Sri.M.O.Sultan a/w Sri. Naveed Ahmed, Advocate) And:
1. State of Karnataka, Represented by Principal Secretary Urban Development Authority, Vidhana Soudha, Bengaluru – 560 001.
2. Bruhat Bengaluru Mahanagara Palike, Represented by its Commissioner, Bengaluru - 560 002.
3. The Assistant Revenue Officer Marathahalli Division, Mahadevapura Branch, Bengaluru - 560 037.
4. Sri. Ramalingappa S/o. Late Marappa, Aged about 69 years, Residing at No.14, 1st Main Road, Yemaluru, Bengaluru - 560 037.
5. B. Srinivasaiah S/o. Late Byrappa, Aged about 73 years, R/at. No.130, 7th Cross, Yemaluru, Bengaluru - 560 037. ... Respondents (By Sri. M.A. Subramani, HCGP for R1;
Sri. Kempanna, Advocate for R2 and R3;
Sri. V.Vishwanath Shetty, Advocate for R4 & R5) ***** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by the 3rd respondent dated 02.08.2017 vide No.CR.390/17-18 by which it was recommended to stall the transfer of katha in the name of the petitioner vide Annexure-A and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioner states that he has applied for transfer of khata into his name by an application dated 17.02.2017.
2. The petitioner states that as regards the property in Sy.No.40/3 measuring to an extent of 3025 square feet, the petitioner has been paying tax and has sought for effecting khata in his name.
3. The respondent No.3 has issued an endorsement dated 02.08.2017 assigning the following reasons:-
“¸ÀzÀj ¸ÀéwÛUÉ AiÀiÁªÀÅzÉà SÁvÉ ªÀiÁqÀzÀAvÉ ZËqÉñÀéj zÉêÁ®AiÀĪÀÅ ªÀ¹¥À£ï(sic) ¸À«ÄwAiÀÄ ¸ÀzÀ¸ÀågÀÄ Dgï. gÁªÀÄ°AUÀ¥Àà£ÀªÀgÀ vÀPÀgÁgÀÄ Cfð ¸À®è¹zÀÄÝ ¸ÀzÀj ¸ÀéwÛ£À ‘©’ £ÀPÀ®Ä ¤ÃqÀ®Ä §gÀĪÀÅ¢®èªÉAzÀÄ w½¹zÉ.”
4. The said endorsement is cryptic and does not convey any reasons and it can be said that the endorsement is not a speaking order.
5. If the BBMP were to reject the application submitted by the petitioner seeking transfer of khata, the rejection should be by a speaking order, assigning reasons as to why the application of the petitioner cannot be considered and the reasons must be such that would enable the petitioner, if aggrieved, to challenge the same and hence, the endorsement dated 02.08.2017 is set-aside. The BBMP to consider the representation of the petitioner for transfer of khata afresh.
6. BBMP is at liberty to call for necessary documents as may be required for effective consideration for the application of the petitioner.
7. The petitioner is directed to co-operate and furnish documents as may be required and are called upon to be furnished by the respondent-BBMP. The said consideration is to be completed within a period of twelve weeks, if the petitioner furnishes necessary documents as may be required by the respondent-BBMP to consider the application.
Subject to above observations, this writ petition is disposed of.
Sd/- JUDGE SJK