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    WP25133 17 06 06 2024

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    Jai Dutta
    High court

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    WP25133 17 06 06 2024

    Uploaded by

    Jai Dutta
    6 views4 pages
    High court

    Original Title

    WP25133-17-06-06-2024

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    High court

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    6 views4 pages

    WP25133 17 06 06 2024

    Uploaded by

    Jai Dutta
    High court

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    -1-

    NC: 2024:KHC:19631
    WP No. 25133 of 2017

    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:

    1. SRI H NAGESHA
    S/O SRI HANUMANTHAIAH
    AGED ABOUT 43 Y EARS

    2. SRI H PRADEEP
    S/O SRI HANUMANTHAIAH
    AGED ABOUT 40 YEARS

    3. SRI HANUMANTHAIAH
    AGED ABOUT 65 YEARS
    ALL ARE R/A NO.590/2
    ELU MUNDHAMMA BLOCK
    CHOLANAYAKANAHALLI R T NAGAR
    BENGALURU-560032.
    …PETITIONERS
    Digitally signed (BY SRI. NAIK N R.,ADVOCATE)
    by
    HEMALATHA A
    AND:
    Location: High
    Court of
    Karnataka 1. THE ADDITIONAL JOINT COMMISSONER
    EAST RANGE,BRUHATH BENGALURU
    MAHANAGRA PALIKE
    MAYOHALLI UNIT, BENGALURU-02.

    2. THE ASSISTANT REVENUE OFFICER


    HEBBALA SUB DIVISION
    MUNIREDDY PALYA MAIN ROAD
    BRUHATH BENGALURU MAHANAGARA PALIKE
    BENGALURU-02.
    -2-
    NC: 2024:KHC:19631
    WP No. 25133 of 2017

    3. SRI KODANDAPANI
    S/O LATE SHAMANNA
    AGED ABOUT 67 YEARS
    R/A NO.754, NEAR NARAYANA SCHOOL
    VISHVESHWARAIAH LAYOUT
    CHOLANAYAKANAHALLI
    R T NAGR POST, BENGALURU-560032
    …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

    1. In this writ petition, the petitioner is seeking for

    quashing the endorsement dated 09.03.2017 issued by

    respondent No.1 vide Annexure-E.

    2. The case of the petitioner is that Smt.Dodda

    Akkamma is the absolute owner of Site bearing

    Khaneshumari No.112, Panchayathi Assessment No.32/1.


    -3-
    NC: 2024:KHC:19631
    WP No. 25133 of 2017

    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.

    3. As per the provisions of Section 114A of the Act,

    1976, it is very clear that review by the Commissioner is

    maintainable, only if the application is filed within a period


    -4-
    NC: 2024:KHC:19631
    WP No. 25133 of 2017

    three years from the date of such recording of the transfer

    of the khatha.

    4. In this case, the khatha has been effected in favour

    of respondent No.3 on 01.04.2005. The application is filed

    on 13.02.2017, which is beyond a period of three years.

    Therefore, respondent No.1 has issued impugned

    endorsement dated 09.03.2017 vide Annexure-E.

    5. There is no error or illegality in the impugned

    endorsement dated 09.03.2017 issued by respondent No.1

    vide Annexure-E.

    6. Therefore, the writ petition is devoid of merits.

    Accordingly, the same is dismissed.

    Sd/-
    JUDGE

    HA
    List No.: 1 Sl No.: 56

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