Allowed

Hemalatha v. Aro Bbmp

Karnataka HC3 Sept 2021WP/13458/2021

Case brief

AI extract

What is this about?

The High Court discharged suo motu duty under Articles 226 and 227 of the Constitution to issue a khata. The court quashed the BBMP's endorsement refusing the application and directed the authority to issue the khata within six weeks after receiving necessary documents from the petitioner.

What did the court decide?

The writ petition was allowed, the endorsement dated 16.06.2021 was quashed, and a mandamus was issued to issue the khata within six weeks.

Hemalatha Vs Aro Bbmp — Property and Title | Karnataka HC (2021)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 03^rd DAY OF SEPTEMBER, 2021

¶3

BEFORE

¶4

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

¶5

WRIT PETITION No.13458/2021 (LB-BMP)

¶6

BETWEEN

¶7

HEMALATHA D/O LATE GOVINDARAJULU NAIDU AGED ABOUT 46 YEARS.

¶8

LALITHA D/O LATE GOVINDARAJULU NAIDU AGED 35 YEARS.

¶9

R/AT NO.34, 1ST CROSS, RAMAKRISHNA LAYOUT, OLD POST OFF ROAD, RAMAMURTHY NAGAR BENGALURU – 560 016.

¶10

... PETITIONERS

¶11

(BY SRI MANJUNATHA A., ADVOCATE (PHYSICAL HEARING))

¶12

AND

¶13

ARO BBMP, HORAMAVU JAYANTI NAGAR MAIN RD, NEAR GANDHI STATUE ASHIRVAD COLONY, HORAMAVU BENGALURU - 560 016.

¶14

REVENUE OFFICER RO BBMP, K R PURAM, DIVISION OFFICE OF REVENUE OFFICER

¶15

¶16

K.R.PURAM, BENGALURU – 36.

¶17

JOINT COMMISSIONER BBMP, MAHADEVPURA ZONE OPP PHOENIX MALL, RHB COLONY BENGALURU – 560 048.

¶18

COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, CORPORATION CIRCLE BENGALURU - 560 002.

¶19

... RESPONDENTS

¶20

(BY SRI AMIT DESHPANDE, ADVOCATE (PHYSICAL HEARING))

¶21

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM R-1 PERTAINING TO PROPERTY BEARING KATHA NO.115/95/3, SITE NO.34 FORMED IN RAMAKRISHNA LAYOUT, RAMAMURTHY NAGAR, BANGALORE-16; QUASH THE ENDORSEMENT DTD 16.06.2021 ISSUED BY THE R-1 VIDE ANNX-P ON ISSUANCE OF A KHATA CERTIFICATE WRT TO KHATA NO.115/95/3 PERTAINS TO SITE BEARING NO.34 OF RAMAKRISHNA LAYOUT, RAMAMURTHY NAGAR, BANGALORE-16, FORMED IN LAND BEARING SY.NO.95/3 OF KOWDENAHALLI VILLAGE AND ETC.,

¶22

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

¶23

ORDER

¶24

The petitioner is before this Court seeking a writ in the

¶25

nature of mandamus by directing the respondents - Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as ‘the BBMP’ for short) for issuance of` khata in respect of the property

¶26

¶27

bearing khata No.115/95/3, site No.34, formed in Ramakrishna Layout, Ramamurthy Nagar, Bengaluru – 560016 and also seeks quashment of the endorsement dated 16.06.2021, issued by the first respondent canceling the application dated 21.05.2021, submitted by the petitioner.

¶28

Heard Sri Manjunatha A., learned counsel appearing for the petitioner, Sri Amit Deshpande, learned counsel appearing for the respondents and perused the material on record.

¶29

Sri Amit Deshpande, learned counsel appearing for the respondents would submit that he has instructions to submit that certain documents that had to be transmitted from the Town Municipal Council when Bruhat Bengaluru Mahanagara Palike was formed by merger of such Town Municipal Councils, on 16.01.2007, the property documents had not been transmitted to the BBMP. He confirms that it is available and is the same, that is produced by the petitioner before this Court as Annexures Q and R. Thus, there would be no impediment for the BBMP to pass appropriate orders for issuance of khata in

¶30

¶31

favour of the petitioner with regard to his property in accordance

¶32

with law. Therefore, the following:

¶33

ORDER

¶34

i. The writ petition is allowed.

¶35

ii. The endorsement dated 16.06.2021, issued by the first respondent stands quashed.

¶36

iii. A mandamus is issued to the respondents to consider

¶37

the application of the petitioner submitted on 10.02.2021 and pass appropriate orders in accordance with law.

¶38

iv. Any document/s that the BBMP would require for issuance of khata from the hands of the petitioner, shall be furnished by the petitioner.

¶39

v. The aforesaid exercise shall be completed, within six weeks from the date of receipt of a copy of the order.

¶40

Sd/JUDGE

¶41

nvj

¶42

CT:MJ

Hemalatha v. Aro Bbmp

Case brief

What is this about?

What did the court decide?

Hemalatha v. Aro Bbmp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S. Trilokesh Smart Homes Vs M/S. Glenloch Properties LLP

Mr Madhava Koodlu Vs the State of Karnataka

Smt. Nina Susanna Varghese Vs State by White Field Police Station

Singrigowda Vs State of Karnataka

Sri. Shrikantegowda. D. L. Vs the President

Sri H Vishwanath Vs the Commissioner