Allowed
Smt Shamshad Begum v. the State of Karnataka
Karnataka HCWP/11475/2017
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No. 11475 of 2017 IN THE HIGH COURT OF…
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No. 11475 of 2017 IN THE HIGH COURT OF…
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WP No. 11475 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11475 OF 2017 (LB-BMP)
BETWEEN:
SMT. SHAMSHAD BEGUM, WIFE OF LATE SYED KAMALUDDIN, AGED ABOUT 68 YEARS, RESIDING AT NO.308, MAHALINGESHWARA BADAVANE, HOSUR ROAD CROSS, ADUGODI, BANGALORE - 560 030.
…PETITIONER
(BY SRI. B G FAYAZ SAB., ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
WP No. 11475 of 2017
…RESPONDENTS
(BY SRI. N R JAGADEESWARA., ADVOCATE FOR R2 TO 4; SMT. A R SHARADAMBA., AGA FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER. DIRECT THE R-3 & 4 TO CORRECT/ RECTIFY THE DIMENSION OF THE SCHEDULE PROPERTY BEARING PID NO.63-160-208, MEASURING 24 FEET X 13 FEET INSTEAD OF 20 FEET X 13 FEET IN THE HAKKU PATHRA ISSUED ON 17.6.2009 AND ISSUE THE CORRECTED KHATA CERTIFICATE AND KHATA EXTRACT OF THE SCHEDULE PROPERTY BY CONSIDERING THE REVISION PETITION FILED UNDER SECTION 114A OF KMC, ACT, VIDE ANNEXURE-G AND ETC.,
THIS WP, COMING ON FOR PRELIMINARY HEARING IN "B" GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
following reliefs:
WP No. 11475 of 2017
WP No. 11475 of 2017
action will be taken. In view of the said submission, I pass the following:
ORDER
The writ petition is allowed, a Mandamus is issued directing respondent Nos.3 and 4 to consider the representation dated in accordance with law after verifying the extent of properties available and pass necessary order within a period of eight weeks from the date of receipt of copy of this order.
Sd/JUDGE
GJM
List No.: 1 Sl No.: 29
3 issues framed by the court
Whether to direct respondents to consider representation for rectifying property dimensions in Hakku Pathra and issuing corrected documents.
Whether proceedings under Section 114-A of KMC Act should be taken for dimension correction.
Granting of writ of mandamus for verification and order passings within specified time.
SM. SHAMSHAD BEGUM
THE STATE OF KARNATAKA
THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE
THE JOINT COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE
THE ASSISTANT REVENUE OFFICER, BRUHAT BANGALORE MAHANAGARA PALIKE
SURAJ GOVINDARAJ
As recorded by the court registry
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