Petitioners filed a writ petition seeking issuance of a Katha certificate. The petition was dismissed as withdrawn after Respondent No.3 acknowledged receipt of documents and stated the certificate process was underway. No precedent cases were cited.
The writ petition was dismissed as withdrawn.
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NC: 2024:KHC:51152 WP No. 3412 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 3412 OF 2024 (LB-BMP)
BETWEEN:
BENGALURU-560084.
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
BENGALURU-560077.
…PETITIONERS
(BY SRI. VASANTH MADHAVA S.,ADVOCATE)
AND:
NC: 2024:KHC:51152 WP No. 3412 of 2024
…RESPONDENTS
(BY SRI. KARTHIKEYAN B S.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO-DIRECT IN THE NATURE OF MANDAMUS DIRECTING THE R-1 TO 3 IN GENERAL AND R-3 IN PARTICULAR TO CONSIDER THE REPRESENTATIONS AND THE STATUTORY NOTICE OF THE PETITIONERS UNDER ANNEXURES-A DATE 26.03.2022 AND 20.03.2023, 18.05.2023, 08.04.2022 SERIES, B SERIES, C SERIES AND D SERIES DATE 8/4/2024 SERIES FOR EFFECTING KHATHA CERTIFICATE OF THE SCHEDULE PROPERTY IN THE NAME OF THE P-1.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
NC: 2024:KHC:51152 WP No. 3412 of 2024
ORAL ORDER
The learned counsel for the petitioners has filed a memo for withdrawal of the petition which in its material part reads as under:
"Petitioners submit that the respondent No.3 sent a letter dated 27.06.2024 through RPAD to the first petitioner directing her to furnish all the documents concerning to the schedule property for the purpose of issuance of Katha Certificte in her favour. Accordingly, after receipt of the said RPAD letter on 29.06.2024, the first petitioner submitted all the documents as sought for by the Respondent No.3 in person and also sent the same through RPAD on 1.10.2024 to the Respondent No.3. The copies of compliance letter dated 01.10.2024 along with RPAD postal receipt dated 01.10.2024 and Endorsement issued by the office of the Respondent No.3 for having received the documents are produced. Hence the issuance of Katha certificate is in process in the office of the Respondent No.3."
NC: 2024:KHC:51152 WP No. 3412 of 2024
In the light of the afore, the petition stands dismissed as withdrawn subject to all just exceptions
in law.
Sd/(B M SHYAM PRASAD) JUDGE
NV
2 issues framed by the court
Whether the writ petition filed under Articles 226 and 227 of the Constitution of India should be allowed despite the withdrawal request.
Whether the Katha certificate issuance process has been completed by the Respondent.
1 provisions across 1 enactments
SMT JOY ESTHER CHANDRA
SRI T. DEVAKADATCHAM
THE COMMISSIONER OF BBMP
THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE
THE ASST. REVENUE OFFICER(ARO) BRUHAT BENGALURU MAHANAGARA PALIKE
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
