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Mr Ramesh K S v. the Commissioner

Karnataka HC21 Jan 2025WP/28511/2024

Case brief

AI extract

What is this about?

BBMP provisional order and confirmation order; khata transfer; absence of service of notice; show cause notice; objections within four weeks; fresh hearing by Assistant Director of Town Planning (South)/Zonal Commissioner (South); companion petition W.P.No.28495/2024 by ground-floor owners; first-floor owners; Jayanagar, Bengaluru; writ under Articles 226 and 227 of the Constitution of India; LB-BMP; petition allowed.

What did the court decide?

Writ petition allowed; petitioners permitted to treat the confirmation order as a provisional order/show cause notice and file objections within four weeks, whereupon the concerned Authority shall pass an appropriate order after hearing them in accordance with law. ¶40

Mr Ramesh K S Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners (owners of the first floor), against whom the same provisional order dated 05.8.2023 and confirmation order dated 16.08.2024 were issued, are entitled to the same relief granted in W.P.No.28495/2024, namely quashing of the orders passed without notice and remittal to file objections.

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Court's answer

Since the impugned orders had already been quashed in W.P.No.28495/2024 and the matters remitted to the Authorities permitting the landowners to file objections to the confirmatory order by treating it as a show cause notice, the very same order would be passed in this writ petition.

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Ratio / Principle

The petitioners are directed to treat the order of confirmation as a provisional order and file their objections within a period of four weeks.

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Key takeaways

If such objection is filed, the concerned Authority shall pass an appropriate order after hearing the petitioners in accordance with law.ratio¶38

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (N S Sanjay Gowda, J.), Writ Petition No. 28511 of 2024 (LB-BMP), decided 21 January 2025: Four co-owners of the first floor of premises in Jayanagar, Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of India against a provisional order dated 05.8.2023 (No. ASST.D.T.P.(S)/PO/85/2023-24) and a confirmation order dated 16.08.2024 (No. ASST.D.T.P.(S)/CO/85/2023-24) issued by the BBMP town planning authorities. The identical orders had already been quashed in W.P.No.28495/2024 (filed by the ground-floor owners), where the Court had found they were passed without serving notice on the persons in whose name the khata stood transferred, and the matters had been remitted to the Authorities with liberty to file objections to the confirmatory order treating it as a show cause notice. Adopting 'the very same order', the Court allowed this petition, directing the petitioners to treat the confirmation order as a provisional order and file objections within four weeks, upon which the concerned Authority shall pass an appropriate order after hearing the petitioners in accordance with law.

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NC: 2025:KHC:2348 WP No. 28511 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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WRIT PETITION NO. 28511 OF 2024 (LB-BMP)

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BETWEEN:

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MR RAMESH K S

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AGED ABOUT 53 YEARS S/O MR SRINIVASA MURTHY K RESIDING AT F -1 FIRST FLOOR, LINEA APPORVA, NO 09, 18TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560011.

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MRS. USHA RAMESH AGED ABOUT 48 YEARS W/O RAMESH K.S RESIDING AT F -1 FIRST FLOOR, LINEA APPORVA, NO 09, 18TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560011

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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MR. R.V. SURENDRA AGED ABOUT 62 YEARS S/O SRI R VENKATA RAO RESIDING AT F -2 SECOND FLOOR, LINEA APPORVA NO 09, 18TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560011

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MRS B .V. SUMA AGED ABOUT 53 YEARS W/O MR R .V. SURENDRA RESIDING AT F -2 SECOND FLOOR, LINEA APPORVA NO 09, 18TH MAIN, 4TH T BLOCK,

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NC: 2025:KHC:2348 WP No. 28511 of 2024

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JAYANAGAR, BENGALURU - 560011

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…PETITIONERS

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(BY SRI. H V DEVARAJU., ADVOCATE)

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AND:

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THE COMMISSIONER BRUHATH BENGALURU MAHNAGARA PALIKE HUDSON CIRCLE, BENGALURU - 560002

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THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH ) AND ZONAL COMMISSIONER (SOUTH) BBMP COMMISSIONER OFFICE COMMERCIAL COMPLEX BUILDING 9TH CROSS ROAD, 9TH MAIN ROAD, 2ND BLOCK, JAYANAGARA, BENGALURU - 560011

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…RESPONDENTS

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(BY SRI. B.S.KARTHIKEYAN., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO CALL FOR CONNECTED RECORDS RELATING TO THE PROVISIONAL ORDER, DTD 05.8.2023 BEARING NO. ASST.D.T.P.(S)/PO/85/2023-24 AT ANNEXURE-L AND CONFIRMATION ORDER, DTD 16.08.2024 BEARING NO. ASST.D.T.P.(S)/CO/85/2023-24 AT ANNEXURE-M, ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL ORDER

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The orders impugned in this petition were also the subject matter of W.P.No.28495/2024, which had been filed by the owners of the ground floor,

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NC: 2025:KHC:2348 WP No. 28511 of 2024

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whereas the present petition is filed by the owners of the first floor.

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In the said writ petition, this Court had concluded that the impugned orders had been passed without serving notice on the petitioners in whose name the khata had stood transferred.

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In my view, since impugned orders have already been quashed and the matters have been remitted to the Authorities, permitting the petitioners, i.e., the landowners, to file their objections to the confirmatory order by treating as a show cause notice, the very same order will be passed in this writ petition.

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Consequently, the petitioners are directed to treat the order of confirmation as a provisional order and file their objection within a period of four weeks. If such objection being filed, the concerned Authority

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NC: 2025:KHC:2348 WP No. 28511 of 2024

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shall pass appropriate order after hearing the

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petitioners in accordance with law.

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