Disposed

Sri Srinivas G S v. the Bruth Bengaluru

Karnataka HC1 Jul 2024WP/4669/2024

Case brief

AI extract

What is this about?

Writ petition against BBMP's inaction on a representation for transfer of khata following the owner's death and a registered release deed by his heirs. The Court directed the Assistant Revenue Officer to consider the representation, issue notices, verify the petitioner's title and transfer the khata within six weeks.

What did the court decide?

Direction to ARO, Bommanahalli Sub-Division, BBMP to consider representation dated 15.10.2023 and transfer khata after notice, within six weeks.

Sri Srinivas G S Vs the Bruth Bengaluru — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:24532 WP No. 4669 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4669 OF 2024 (LB-BMP)

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BETWEEN:

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SRI SRINIVAS G S S/O LATE G N SRIRAM AGED ABOUT 55 YEARS R/A NO.4, SHARDANANDA ROAD V V PURAM, BANGALORE-560004

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…PETITIONER

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(BY SRI. KALYAN R., ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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THE BRUTH BENGALURU MAHANAGAR PALIKE HUDSON CIRCLE BANGALORE-560001 REPRESENTED BY CHIEF COMMISSIONER

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THE ASSISTANT REVENUE OFFICER BOMMANAHALLI SUB DIVISION BBMP, BANGALORE-560068

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…RESPONDENTS

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(BY SRI. MALLIKARJUN REDDY K S., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

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2 - NC: 2024:KHC:24532 WP No. 4669 of 2024

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ASSISTANT REVENUE OFFICER, BBMP BOMMANAHALLI DIVISION BBMP BENGALURU, THE R-2 TO CONSIDER THE REPRESENTATION DTD 15.10.2023 RECEIVED ON 27.10.23 AS PER ANNEXURE-A TO THE WP IN ACCORDANCE WITH LAW.

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

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ORDER

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R.DEVDAS J., (ORAL):

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The petitioner is before this Court being aggrieved of the inaction on the part of the second respondentAssistant Revenue Officer, Bommanahalli Sub-Division, BBMP, in not passing any orders pursuant to the representation given by the petitioner seeking change of khata in his name.

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Learned Counsel submits that the petitioner’s

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father late Sri G.N. Sriram purchased the property in question under a registered sale deed dated 07.10.1987. The name of the petitioner’s father was entered in the

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records of the BBMP and the khata was registered in his favour. The petitioner’s father passed away on

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NC: 2024:KHC:24532 WP No. 4669 of 2024

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20.12.2003. The petitioner’s sister and brother executed a release deed dated 21.06.2022 which was also registered on the same day in the office of the SubRegistrar, Jayanagar, BTM Layout, Bangalore releasing their rights in respect of the property in question in favour of the petitioner. Thereafter, the petitioner gave a representation to the second respondent on 15.10.2023 requesting for transfer of khata.

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Having regard to the facts narrated hereinabove, it is clear that the petitioner has legitimately given the representation seeking transfer of khata in his favour. At any rate, the second respondent is duty bound to consider the representation and pass necessary orders after issuing notices to the concerned.

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Accordingly, the writ petition stands disposed of

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with a specific direction to the second respondentAssistant Revenue Officer to consider the representation

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dated 15.10.2023 given by the petitioner and pass

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4 - NC: 2024:KHC:24532 WP No. 4669 of 2024

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necessary orders after issuing notice to the legal representatives of late Sri G.N.Sriram. The second respondent is not precluded from calling for any information from the petitioner regarding the legal representatives of late Sri G.N.Sriram. After satisfying himself that the petitioner has acquired full right, title and interest over the property in question, thereafter, the second respondent may proceed to transfer the khata in favour of the petitioner. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a certified copy of this order.

Ordered accordingly.

Sd/JUDGE

JT/-

CT: JL

Sri Srinivas G S v. the Bruth Bengaluru

Case brief

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Sri Srinivas G S v. the Bruth Bengaluru

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