B. N. Asha v. The Commissioner, Bruhath Bangalore Mahanagara Palike, Bangalore
2010-03-31
A.S.BOPANNA
body2010
DigiLaw.ai
JUDGMENT : 1. Sri Ramanjanegowda, the learned Panel Counsel to accept notice for respondents 1 and 2 and file vakalath within a period of four weeks from today. 2. The petitioner is before this Court seeking for issue of mandamus to consider the application for transfer of Katha dated 16-2-2009 as per Annexure-B to the petition. 3. The case of the petitioner is that the petitioner has acquired right in respect of the property in question under a judgment and decree passed in O.S. No. 8042 of 2005, wherein the partition of the property was granted and after the registration of the decree, the petitioner has filed an application seeking change of Katha. 4. The grievance of the petitioner is that despite the application as at Annexure-B having been filed with respondent on 16-2-2009, no action has been initiated in this regard. Hence, the petitioner is before this Court seeking for appropriate direction to the respondents to consider the application. 5. The leaned Counsel for the respondents would state that the second respondent would verify the records and If the said application is pending on the file, appropriate action in accordance with law would be taken and in this regard. If any other parties are required to be notified, the second respondent would also comply with such procedure and thereafter take action in accordance with law. 6. In the light of the above, the only direction to be issued in this petition is to direct the second respondent to consider the application as at Annexure-B and if the same is in conformity with the statutory requirement and if all other requirements have been complied with, the second respondent shall consider and dispose of the same. It is needless to mention that in the process of such consideration, if any of the parties are to be notified, they shall be notified and thereafter appropriate action shall be initiated in this regard. 7. In order to hasten the process, the petitioner shall file one more copy of the application along with the certified copy of this order within a period of two weeks from the date of receipt of a certified copy of this order.
7. In order to hasten the process, the petitioner shall file one more copy of the application along with the certified copy of this order within a period of two weeks from the date of receipt of a certified copy of this order. On such copy being filed with the second respondent, the second respondent shall intiate action as expeditiously as possible but not later than two weeks thereafter and If any of the parties are to be notified, the said proceedings shall also be held and all action in this regard shall be completed within the outer limit of three months from the date on which the copy is filed. In terms of the above, the petition stands disposed of with no order as to costs.