BRAHAMANA SANGHA CHICKBALLAPUR TOWN CHICKBALLAPUR DISTRICT Vs. COMMISSIONER CHICKBALLAPUR CITY MUNICIPAL COUNCIL CHICKBALLAPUR DISTRICT

JUDGEMENT

(1.) THE petitioner asserts that, though the katha of a certain immovable property falling within the jurisdictional City Municipal Council was recorded in its name in the records of Municipal Council, but during the year 1997-98, the Municipal authorities changed the katha by deleting the name of the petitioner and incorporating the name of the Municipal Council, as if the property belongs to the Municipal Council without prior notice or an opportunity of hearing to the petitioner. THE petitioner"s application to the Municipality to reconsider the change of katha, is said to be pending consideration, According to the petitioner, an application when filed under the Right to Information Act, 2005 (for short, "RTI Act") to furnish a copy of the order of transfer of katha, the respondent-authority is said to have informed that the entire file relating to the agenda and resolution being in the custody of the respondent-Commissioner, a copy cannot be issued. Hence, this writ petition for a writ of mandamus to direct the respondent to restore the katha of the schedule property in the name of the petitioner.

(2.) IN the circumstances, it is for the petitioner to secure a copy of the resolution of the Commissioner, Chickballapur City Municipal Counsel relating to change of katha from the name of the petitioner to that of the respondent and if aggrieved, question the same in an appropriate legal proceeding and not seek reconsideration of the said resolution, by a representation. If the petitioner is unable to secure copy of the said resolution pursuant to the representation made under the Act, the petitioner would be well-advised to pursue a course of action under the RTI Act. IN that view of the matter, the relief sought, for is inappropriate in exercise of writ jurisdiction.