RATHANAMMA Vs. R. JAYARAM AND OTHERS

JUDGEMENT

(1.) THE Petitioner has filed this Writ Petition in the nature of public interest litigation pointing out the alleged indifference shown by the first Respondent -Corporation of City of Bangalore, (hereinafter called as the Corporation), fourth Respondent and fifth Respondent with regard to the transfer of katha in the Property Register maintained by the first Respondent -Corporation in respect of the Temple property in the name of individuals. Hence the Petitioner has filed this Writ Petition seeking for issuing a direction to the Central Bureau of Investigation (CBI), the sixth Respondent herein to investigate the alleged scam of sale brought about by Mr. Hari, Mr. Gopi, Mr. Jayaram, Mrs. Saraswathamma, Mr. Narayanappa, Mr. Raja Reddy in favour of Mr. B.A. Nagaraj, Mr. Ravi Prasad, Mr. Srinivasa Gupta and further direct an enquiry into the aspects that enabled in bringing about change of official records, Registers in the Office of Corporation of City of Bangalore leading to transfer of Khatha, issue of sanctioned plan in respect of the property on 67, (Old No. 109) S.C. Road, Bangalore - 560 009 and further to issue a Writ of Mandamus directing the authorities to restore the property as the property of the public trust and further sought for such other appropriate reliefs urging various facts and legal contentions.

(2.) IT is stated that the Petitioner is the daughter of one Shri R. Ramanna who was a sole legatee of Smt. Lakshmamma, W/o. P. Subbaiah. The said Sri Subbaiah was the sole surviving heir of Mariyappa Maistry. The said Mariyappa Maistry had constructed a choultry and a temple of Lord Shiva on the land measuring 11/2 acres in Subedar Chatram Road. The said Choultry was known as "Maistry Mariyappa Choultry". and later came to be known as "Gate Muniswamappa Choultry". This Choultry situated in prime area of Bangalore City, near Majestic area, comprise in its fold a temple dedicated to Lord Eshwara. The income derived by way of rents from the Tenants in the said Choultry was utilised for upkeep, maintenance, pooja, seva Kainkarya and other religious activities related to the worship of lord Eshwara. It is contended that Smt. Lakshmamma was the sole surviving family member of Maistry Mariyappa who had dedicated the entire property i.e., the choultry as a Religious or Public Trust to develop and maintain the lord Eshwara Temple. The said Lakshmamma executed the sale deed in favour of Mr. R. Ramanna giving him after her, the reigns of the Temple and the right to manage the choultry and the property including the rights to recover rents from the tenants, to fix the rate of rents without conceding any right in favour of the said Mr. R. Ramanna, to alienate the property in part or whole. It is stated that after the demise of Smt. Lakshmamma, the legatee R. Ramanna, faithfully gave effect to the Will and administered the same by securing as the Manager of Trust and property till his last day. The said Ramanna, passed away on 25.7.1997 leaving behind him, his sons and daughters. The eldest daughter is the Petitioner. It is further contended that while Ramanna himself did not have any right to alienate the property of the choultry or in any way encumber the same, his children also did not have any right over the property. The property of the choultry was managed by the said R. Ramanna not as an Owner but as a Trustee. It is further stated that normally on the death of Ramanna, the Trust property had to be managed pursuant to the scheme framed under Section 92 of the Code of Civil Procedure or under directions of the Religious Endowment Commissioner.

(3.) IT is contended by the Petitioner that the area of the Gate Muniswamappa Choultry is about 1 acre 30 guntas which is bounded at the West by Ayurveda College Hospital, East by Road, North by Sandhya Lodge, and South by Road. The market value per Sq. Ft. in that area is Rs. 11,000/ - while the minimum rate for registration purposes is Rs. 8,000/ - per Sq. foot. The total area is about 72,250 Sq. Ft. The value is about Rs. 82,77,50,000/ -. It is further contended that on the basis of the fabricated documents, several persons including political heavy weights, Administrative Officers, Corporation Officers and Officials, Estate Dealers in Bangalore have managed to sell the wholly inalienable property and registered three deeds for a total sum of Rs. 13,00,00,000/ - while the actual consideration was Rs. 82,77,50,000/ -. The real amount paid under the three sale deeds is Rs. 52,00,00,000/ -.