LAWS(KAR)-2010-1-140

ABHAYA ESTATES (REGISTERED PARTNERSHIP FIRM), NEW NALLAKUNTA, HYDERABAD Vs. BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE

Decided On January 11, 2010
Abhaya Estates (Registered Partnership Firm), New Nallakunta, Hyderabad Appellant
V/S
BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE Respondents

JUDGEMENT

(1.) Petitioner is seeking a direction to the respondent-Bruhat Bangalore Mahanagara Palike, to issue khatha in respect of the property bearing CTS No. 1060 (Sy. No. 9/1, Old No. 12, later assigned with 9(1)(A)) of Akkithimmanahalli Village, now falling within the new Corporation Division No. 70, Shanthinagar, Bangalore, measuring in all 9099 sq. ft. as described in the schedule to the writ petition.

(2.) The case of the petitioner is that he has purchased the property in question under a registered sale deed dated 23-2-2004. Petitioner had approached this Court earlier by filing W.P. No. 8370 of 2006 seeking a similar direction to transfer the khatha pursuant to the registered sale deed by considering the representation filed. Petitioner had been informed by an endorsement dated 28-6-2005 issued by the Assistant Revenue Officer that as per the order of the Joint Commissioner passed on 15-6-2005, action could not be taken to transfer the khatha as the case was pending before the Survey Settlement Department.

(3.) When the proceedings before the Survey Settlement Department culminated in the order passed in favour of the petitioner on 30-7-2005, he had made one more representation requesting the Joint Commissioner, BBMP to pass orders. Pursuant to the same, petitioner was called upon to pay certain sum of money towards betterment charges and also towards change of khatha. Despite payment of the same, as the authorities did not pass any order, petitioner had approached this Court by filing the previous Writ Petition No. 8370 of 2006.