H. RAMESH, S/O HAMPANNA Vs. THE STATE OF KARNATAKA, REPTD. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE-560001, THE COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, B

JUDGEMENT

(1.) THOUGH this matter is listed for orders, by consent of the learned Counsel for the parties, it is taken up for final hearing, heard and disposed of by this order. In this case, the petitioner has sought for quashing the endorsement at Annexure 'J' dated 3.1.2012 whereby the third respondent has rejected his application for transfer of katha in respect of property bearing CTS No. 1167 situated at Sadashivanagar, Bangalore, forming a part of re -survey No. 2 of Rajamahal village, earlier ward No. 5 of BBMP (Kodandaramapura) presently ward No. 65 (Kadumalleshwaram), Vyalikaval, Gayathri Devi Park Road, totally measuring 9792 sq. ft., morefully described in the schedule to the petition and hereafter referred to as 'petition schedule property' and for a mandamus directing the respondents to consider his representation at Annexure 'H' dated 10.10.2011 for change of katha in his name and for certain other reliefs.

(2.) THE petitioner contends that the petition schedule property was vested with His Highness Maharaja of Mysore as per the notification issued by the Government at Annexure 'A' dated 26.1.1950. The royal family of Maharaja had put up a pump house in the schedule property. Though large extent in Sy. No. 2 was acquired by the City Improvement Trust Board ('CITB' for short), the schedule property has not been acquired at any point of time. The CITB has issued an endorsement dated 19.5.1972 (Annexure 'C') stating that the petition schedule land has not been acquired for the purpose of forming a layout and that it belongs to the Palace. The said property was in actual possession and enjoyment of His Highness Maharaja of Mysore till 28.7.2010. Though the said property was not in possession of the Bruhat Bangalore Mahanagara Palike (for short 'BBMP'), it was found that the name of the Corporation Water Supply Pump House had been entered in the survey records without any notice or order or proceedings having been issued to the Maharaja of Mysore. The petitioner's vendor being aggrieved by the said entry, preferred a Revision Petition before the Joint Director of Land Records, South Range, Bangalore, in case No. CTS(B)/Revision. 1/2009 -10 wherein after the enquiry, the revisional authority passed an order dated 7.12.2009 (Annexure 'C1') allowing the revision petition by holding that the schedule property belongs to the family of His Highness Maharaja of Mysore and cancelled the entry 'Corporation Water Supply Pump House' in respect of the schedule property and ordered to enter the name of Sri Srikantadatta Narasimharaja Wodeyar. Accordingly, the name of Sri Srikantadatta Narasimharaja Wodeyar has been entered in the records i.e. property card and enquiry register as per Annexures 'D1' and 'D2'.

(3.) RESPONDENT Nos. 2 and 3 have filed their statement of objections stating that Sy. No. 2 of Rajamahal village was notified by the Government for acquisition for the formation of Rajamahal Vilas Layout. An extent of 9 guntas of land in the survey number in question, which comprises of a pump house, was left to the possession of the Corporation for the purpose of supplying drinking water to the surrounding neighbouring -areas. The said property was numbered as CTS No. 1167 in the records of the Land Records Department. The katha of the said property was recorded in the name of the Bangalore City Corporation. Sri Srikantadatta Narasimharaja Wodeyar filed a revision petition No. CTS(B)/Revision. 1/2009 10 before the Joint Director of Land Records after a long gap of 50 years for change of katha in his name by deleting the name of the Corporation. In the said case, petitioner contended that BDA, who is the successor of the CITB, has issued a letter stating that 9 guntas of land in Sy. No. 2 of Rajamahal village was left out from acquisition and the said extent of land: was not acquired. On the basis of the said letter of the BDA, the revisional authority has set aside the entry standing in the name of the Corporation in respect of CTS No. 1167 and directed to enter the name of Sri Srikantadatta Narasimharaja Wodeyar by an order dated 7.12.2009. It is contended that the katha of the said property has been standing in the name of the Corporation for more than 50 years. 9 guntas of land in Sy. No. 2 was not acquired by the CITB and this property is left to the Corporation for the purpose of supplying water to the surrounding areas and hence, katha cannot be changed. It is contended that BBMP is contemplating to challenge the order of the revisional authority at Annexure 'C1' dated 7.12.2009 after the joint survey of the lands.