Petitioners challenged a BBMP endorsement rejecting their review application to reverse a 2005 khatha transfer in favour of respondent No.3. The court held that Section 114A permits review only within three years, and since the application was made in 2017, the endorsement was lawful. Writ petition dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25133 OF 2017 (LB-BMP)
BETWEEN:
…PETITIONERS
Digitally signed by HEMALATHA A Location: High Court of Karnataka
(BY SRI. NAIK N R.,ADVOCATE)
AND:
NC: 2024:KHC:19631 WP No. 25133 of 2017
…RESPONDENTS
(BY SRI. K.V.MOHAN.,ADVOCATE FOR R1 & R2: NOTICE TO R3 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE ENDORSEMENT DATED:9.3.2017 VIDE ANNEXURE-E AND ALLOW THE APPEAL FILED BEFORE THE R-1.CALL FOR RECORDS.GRANT AN INTERIM ORDER TO STAY THE KHATHA ISSUED BY THE R-2 DATED:5.8.2016 IN FAVOUR OF R-3.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Now, it is coming within the limits of BBMP, Ward No.96, New No.21 situated at Harijana Colony, Challanayakanahalli, Bengaluru North Taluk, measuring East to West 66 feet, North to South 28 feet. The petitioner’s grand father Sri Chikkamuniyappa has purchased the said property vide registered Sale Deed dated 31.03.1945. The petitioner is paying tax regularly. The respondent on 01.04.2005 has changed the khatha in the name of respondent No.3. Being aggrieved by the same, the petitioner has filed an application before the Additional Commissioner, BBMP on 13.02.2017 under Section 114(A) of the Karnataka Municipal Corporations Act, 1976. Respondent No.1 by impugned endorsement dated 09.03.2017 has not considered the said application on the gourd that the application has been filed after the expiry of three years from the date of entry in the khatha.
three years from the date of such recording of the transfer of the khatha.
Sd/JUDGE
List No.: 1 Sl No.: 56
HA
1 issue framed by the court
Was the review application under Section 114A of the KMC Act, filed beyond three years from khatha transfer, rightly rejected by the Commissioner?
2 provisions across 2 enactments
Sri H Nagesha
Sri H Pradeep
Sri Hanumanthaiah
The Additional Joint Commissioner East Range, BBMP
The Assistant Revenue Officer Hebbala Sub Division, BBMP
Sri Kodandapani
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
