JAYAMMA Vs. COMMISSIONER

JUDGEMENT

(1.) This intra Court appeal is filed against an order dtd. 8/6/2022 passed by the learned Single Judge, by which writ petition preferred by the appellant has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that appellant claims to be owner of some land of Sy.No.34/1 and Sy.No.48 of Devarajeevanahalli, Ward No.47, Bangalore. The appellant claims title in respect of aforesaid land on the basis of judgment and decree passed in Regular First Appeal. Sometime in the year 2002-03, BBMP made an attempt to make roads, lay drainages and water pipes on the land belonging to the appellant.

(3.) The appellant thereafter filed a civil suit viz., O.S.No.4303/2003, in which an interim order of status quo was granted against BBMP. Thereafter, the civil suit was dismissed for default in the year 2008. It is the case of the appellant that taking advantage of the aforesaid order of dismissal, the Executive Engineer of BBMP commenced the work of formation of roads. The appellant thereupon submitted representation to BBMP to grant Transferable Development Rights (TDR) on the ground that BBMP has utilized the land belonging to the appellant. The aforesaid representation was rejected by an endorsement dtd. 1/9/2014. The appellant thereupon filed a writ petition, which has been dismissed by learned Single Judge. In the aforesaid factual background, this appeal has been filed.