PERIYANDAVAN Vs. BANGALROE DEVELOPMENT

JUDGEMENT

(1.) SRI Periyandavan vs The Bangalroe Development .. on 12 October, 2012 The petitioners contend that one Yale Venkatappa Reddy was the owner of land in Survey No.27 of Banaswadi village, Krishnarajapuram Hobli, Bangalore South Taluk, measuring 2 acres and 6 1/2 guntas, out of the total extent of 6 acres 20 guntas. It is claimed that the occupancy rights in respect of the said land had been conferred on Venkatappa Reddy under the provisions of the Karnataka (Personal and Miscellaneous) Inams Abolition Act, 1954. Subsequently, the said extent of 2 acres 6 1/2 guntas was phoded and separate hissa number was assigned as 27/11. On his death, revenue records pertaining to the said land were mutated in the name of his son V.Anjaneya Reddy.

(2.) IT is claimed that a residential layout consisting of house sites was formed by Venkatappa Reddy during his lifetime and he had sold the sites during his life time and after his death, Anjaneya Reddy had also sold various sites in favour of different persons. It is contended that the first petitioner had purchased one of the sites bearing No.15, 4th main road, OMBR Layout, Banaswadi, Bangalore, which was earlier assigned site no.14, House List Khata No.1249/1292 formed in Survey No.27/11 of Banaswadi, measuring east to west 40 feet and north to south 61 1/2 feet along with a house constructed thereon, which was purchased under a sale deed dated 13.12.1993. With the said property along with the entire area coming within the jurisdiction of the Bruhat Bengaluru Mahanagara Palike (Hereinafter referred to as ' the BBMP' for brevity), the first petitioner claims to have paid betterment charges in respect of the property to the said authority. The khata has been transferred in the name of the first petitioner. He, in turn, has gifted the property to his daughter Geeta K Kannan, under a registered gift deed dated 2.9.2010. She, in turn, had gifted the property in favour of the first petitioner under a registered gift deed dated 27.8.2011. Thereafter, khata was once again transferred in the name of the first petitioner. The second petitioner claims to have purchased site no.13, later assigned BBMP PID No.88-280-13, earlier bearing No.12/4, House List Khata No.1249/1292 formed in Survey No.27/11, measuring east to west - 40 feet and north to south - 60 feet. The same had been purchased under a sale deed dated 15.4.1998. The said property has also come under the jurisdiction of the BBMP and the khata and municipal records are transferred in the name of the second petitioner and the second petitioner has constructed a house therein. The third petitioner's husband one Ramesh had purchased one of the sites bearing No.6, 4th 'A' Main Road, OMBR Layout, Banaswadi, Bangalore, later assigned BBMP PID No.88-259-6 measuring 30feet x 40 feet along with a constructed house. The same was purchased under a registered sale deed dated 14.2.2000. The property now falls within the jurisdiction of the BBMP and the khata and the municipal records stand in the name of the third petitioner.

(3.) THE petition is resisted by the BDA and it is contended that the writ petition itself is not maintainable in view of the following decisions:-