B.K. KESHAV KIRAN, S/O B.K. KRISHNAMURTHY Vs. BRUHAT BENGALURU MAHANAGARA PALIKE, RANI CHENNAMMA CIRCLE, BENGALURU - 560002, BY ITS COMMISSIONER AND OTHERS

JUDGEMENT

(1.) IN this case, the petitioner has sought for quashing the endorsement at Annexure 'A' dated 20.10.2010 whereby the third respondent has directed the petitioner not to put up further construction on the plot bearing No.20 (Old No. 10/119; and 20 -A carved out of Sy.No.119, Kathriguppe, now amalgamated and assigned new No.20 (old No. 10) new katha No. 119, PID No.54/440 -20, Srinivasanagar. Corporation Ward No.40, Banashankari 3rd Stage. Bangalore, and for a mandamus directing the respondents not to interfere with the petitioner's putting up construction on the said plot.

(2.) THE petitioner contends that he is the absolute owner of plot No.20. (old No.10/119), and 20/A carved out of Sy.No.119, Kathriguppe. now known as Srinivasanagara, Corporation Ward No.40, measuring east to west 60 ft. north to south 40 ft. having purchased the same from S.G.Girish and Shivananda vide registered sale deed dated 19.1.2006. It is further contended that the vendors of the petitioner had paid development charges levied by the Bruhat Bangalore Mahanagara Palike ('BBMP' for short) in respect of plot Nos.20 and 20A on 17.6.2005. The petitioner applied for clubbing of the katha of both the sides, both being adjacent and thereupon the BBMP passed an order on 6.3.2006 (Annexure 'E'). Thereafter, the BBMP has also issued katha certificate in the name of the petitioner as per Annexures 'F1' and 'F2' respectively. It is contended that the documents produced by the petitioner would clearly demonstrate that a residential plot has been existing, which is fortified by PID No.54 -440 -20 assigned by the BBMP and composite plots; are bounded on the east by Uma Shivaswamy's property, west by Nataraj's property, north by road and south by Gayathri Shankar's property.

(3.) IT is the case of the petitioner that Sy.No.10 of Kattriguppe village which measured approximately 4 acres was granted to one Smt. Chowdamma w/o Anniyappa, out of which Chowdamma sold 3 acres 39 guntas to one Smt. Venkatamma w/o Ramegowda, who inturn had sold an extent of 1 acre 13 guntas to one Smt. Ameena Khaloon. under a registered sale deed dated 12.6.1963. Thus, Chowdamma had no subsisting interest in the property. The said Ameena Khaloon sold 27 guntas of land in favour of S.G.Girish and Shivananda from whom petitioner has purchased the above plots. The remaining 27 guntas was sold to Rajshekar and Shivananda. which became the subject matter of dispute in O.S.No. 1923/2001 filed by Shivananda against one Gurappa and Chowdamma. Gurappa tried to interfere with this piece of land. The Civil suit has been decreed. 27 guntas of land carved out of Sy.No.10 of Channammanekere Achhukattu. Banashankari ill Stage, Bangalore, was never the subject matter of a suit. S.G.Girish and Shivananda had purchased the said property from Smt. Ameena Khantoon and had formed about 14 sites and sold them to various persons. Thus, the petitioner is the absolute owner and in possession of the property.