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2021 DIGILAW 469 (KAR)

H. M. Vasudev, S/o. Late Muddarangappa v. Bruhat Bangalore Mahanagara Palike, Represented by its Commissioner

2021-03-23

JYOTI MULIMANI

body2021
ORDER : Smt. G.B. Nandish, learned counsel appearing on behalf of Sri. R.B. Sadasivappa for petitioner and Sri. N.K. Ramesh, learned counsel for respondent Nos.1 to 4 and Sri. Siddappa, learned counsel appearing on behalf of Sri. K. Shivashankar, for respondent Nos.5 and 6 have appeared in person. 2. This writ petition is filed seeking writ of certiorari to quash the Khata Certificate bearing No.KTR/850/12-13 dated 18.02.2013 issued by respondent No.3 vide Annexure-L and License bearing No.AEE/HSR/LPNo.214/2012-13 dated 15.03.2013 issued by the respondent No.4 vide Annexure-M and other consequential reliefs. 3. It is the case of the petitioner that he is the absolute owner of the property bearing No.343 carved out of Sy.No.150/1 of Agara Village, Begur Hobli, Bangalore South Taluk measuring East to West 40 feet and North to South 30 feet which is more fully described as schedule ‘A’ in the writ petition. The petitioner has purchased the schedule property under a registered Sale Deed dated 29.06.1983 and he was put in possession and enjoyment of the property by his vendors. After the property was cleared by ULC Authorities, the document came to be released by the Sub Registrar. Subsequent to the execution of the Sale Deed, the khata in respect of the schedule property came to be transferred in the name of the petitioner by the then Agara Panchayath. The petitioner has paid property tax to the said Agara Panchayath. Later, the area came under the jurisdiction of the Bommanahalli CMC and the petitioner has paid tax to CMC. From 2008 onwards, the area came under the jurisdiction of BBMP and the petitioner has been paying taxes to the BBMP. It is averred that petitioner has also paid a sum of Rs.10,000/- to Bommanahalli CMC for obtaining water and sanitary connections. As matter stood thus, respondents 5 and 6 filed application and sought for change of khata in respect of property bearing No.137 of Agara Village based on the Hakku Patra and Sale deed dated 26.04.2006 in respect of property bearing old Khata No.421/137, property No.137, New CMC Khata No.225 situated at Agara Village, Begur Hobli, Bangalore South Taluk measuring East to West 40 feet, North to South 30 feet which is described in schedule ‘B’ of the writ petition. The contention of the petitioner is that the second respondent without verifying the documents issued Lease Hold Khata (Guttigedara Khata) to respondents 5 and 6 by assigning a New No.1214/137. Subsequently on the strength of Khata Certificate dated 18.02.2013, respondents 5 and 6 have obtained a license and an approved plan for construction of a residential house. It is the further contented that based on khata certificate, respondents 5 and 6 obtained license and approved for the construction of a residential house, which belong to petitioner. Hence, petitioner gave complaint to the fourth respondent regarding illegal construction, but in vain. Therefore, petitioner sought the aid of the Civil Court for appropriate relief of declaration and injunction. Contending that issuance of khata and license to respondents 5 and 6 is highly illegal and arbitrary, petitioner has filed this petition under Articles 226 and 227 of Constitution of India. 4. Sri. Nandish, learned counsel appearing on behalf of Sri. R.B. Sadasivappa, for petitioner submits that respondents 1 to 4 failed to verify the documents submitted by respondents 5 and 6 before issuing the khata certificate and license. Next, he submitted that respondents 1 to 4 have not given opportunity for the petitioner so as to verify the veracity of the documents relied upon by them for issuing khata and license in favour of respondents 5 and 6. A further submission was made that respondents 5 and 6 solely on the strength of khata certificate and license are asserting their title over the Schedule ‘A’ property which belonging to the petitioner. It is submitted that respondents 1 to 4 have permitted respondents 5 and 6 to go ahead with the construction of the building. Therefore, he submitted that the impugned order is liable to be set aside. 5. Per contra, Sri. N.K. Ramesh, learned counsel for respondents 1 to 4 submits that there is a serious title dispute between petitioner and the fifth and sixth respondents. Next, he submitted that petitioner has already availed the civil remedy and have approached the appropriate forum i.e., Civil Court by filing a suit. A further submission was made that any change in the khata would be subject to the outcome of the civil suit. Accordingly, he prayed for the dismissal of the petition. 6. Sri. Siddappa V.D., learned counsel appearing on behalf of Sri. A further submission was made that any change in the khata would be subject to the outcome of the civil suit. Accordingly, he prayed for the dismissal of the petition. 6. Sri. Siddappa V.D., learned counsel appearing on behalf of Sri. K. Shivashankar for respondents 5 and 6 submits that petitioner have already approached the Civil Court to agitate their grievance with regard to title over the property in question. Therefore, he submits that petition is devoid of merits and same is liable to be dismissed. 7. Heard the learned counsel appearing for the parties and perused the records. 8. It is not dispute that petitioner has filed a suit for declaration and injunction in respect of property in question i.e., schedule 'A' as shown in the writ petition, on the file of City Civil Judge, Bengaluru in OS.No.6629/2013. Having regard to the fact that a comprehensive suit for declaration and permanent injunction is pending adjudication before the Civil Court, it would be appropriate to hold that any change of khata would be subject to the outcome of the decision of the Civil Court. With these observations, the writ petition stands disposed of.