DR.S.SHOBHA Vs. THE COMMISSIONER

JUDGEMENT

(1.) The petitioners are before this Court seeking a direction to the Bruhat Bengaluru Mahanagara Palike ( 'BBMP ' for short) to issue khata in their names in respect of premises No.13, 22nd 'A ' Main Road, Ittamadu Village, Uttarahalli Hobli, Bangalore ( 'the property ' for short) and also sought a direction to the Sub-Registrar, Basavanagudi/respondent No.4 to register the property.

(2.) Sans unnecessary details, the facts that are pleaded in the writ petition and claimed by the petitioners are as follows:-

(3.) The 1st petitioner on the strength of the aforementioned documents/unregistered sale deed, affidavit, GPA and regularization certificate applied to the BBMP for issuance of khata. The application seeking issuance of khata is acknowledged by the BBMP on 2-02-2015. Later, on 29-06-2017, an endorsement is issued by the BBMP indicating to the 1st petitioner that she is seeking change of khata or entry on the strength of GPA and the BBMP having sought legal opinion in terms of the judgment of the Apex Court in S.L.P.No.13917 of 2009 dated 11-10-2011, khata cannot be issued, unless the 1st petitioner gets a declaration of title from the hands of a competent Court and it is only thereafter, action would be taken. The 1st petitioner after issuance of the said endorsement has filed this petition seeking a direction to the BBMP to issue khata.