The single judge quashed an endorsement declining a khata certificate due to lack of reasons and pending contempt orders, remitting the matter to BBMP with six months for reconsideration.
The impugned endorsement dated 6.6.2013 quashed; matter remitted to BBMP to consider the case for issuance of khata within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.29997/2013 (LB-BMP)
BETWEEN
SMT.RATHNAMMA W/O YELLAPPA AGED ABOUT 44 YEARS R/AT NO. 246, BHAKSHI GARDEN DR.T C M ROYAN ROAD BENGALURU – 53.
... PETITIONER
(BY SRI M.B.RAMASWAMY IYENGAR, ADVOCATE (PHYSICAL HEARING))
AND
... RESPONDENTS
(BY SMT.M.R.SINCHANA, ADVOCATE (VIDEO CONFERENCING))
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AT ANN-N, DT.6.6.13, ISSUED BY THE R3; ALLOW THE WP & ORDER FOR ISSUE OF POSSESSION CERTIFICATE, SALE DEED & KHATHA IN RESPECT OF SITE NO.246, BHAKSHI GARDEN, DR.TCM ROYAN ROAD, BANGALORE-53 MEASURING 13 X 20 FEET, IN FAVOUR OF THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question an order dated 6.6.2013 by which the claim of the petitioner for issuance of khata in the property that the petitioner is residing is declined.
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seeking injunction, declaration and possession. The suit filed against BBMP came to be decreed by an order of the Civil Court dated 11.12.1998. The order passed by the Civil Court reads as follows:
“ORDER
The suit of the plaintiff is decreed. Under the circumstances, no cost.
The defendant is perpetually restrained from illegally interfering in the lawful possession over the suit schedule property of the plaintiff. However, the defendant may take all lawful course against the plaintiff for suit property.”
When the BBMP did not act upon the representations given by the petitioner for issuance of khata in her favour, had knocked the doors of this Court in W.P.No.5109/2012 which came to be disposed on 06.06.2012 by directing consideration of the case of the petitioner within four months, pursuant to which, an endorsement dated 6.6.2013 is issued by the 3rd respondent declining to accept the claim of the petitioner. It is this endorsement that is called in question in the writ petition.
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any reasons will have to be reconsidered at the hands of the BBMP.
Sd/JUDGE
bkp CT:MJ
2 issues framed by the court
Whether the endorsement declining issuance of khata without reasons and in face of a contempt order should be quashed.
Whether the petitioner is entitled to reconsideration for issuance of khata in respect of the property.
1 provisions across 1 enactments
Smt. Rathnamma w/o Yellappa
The Commissioner BBMP
Joint Commissioner (West) BBMP
Assistant Revenue Officer, BBMP
M. Nagaprassanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
