N.KUMAR Vs. COMMISSIONER

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 13/8/2019 passed by the learned Single Judge, by which the impugned endorsement dtd. 15/3/2018 issued by the Assistant Revenue Officer, BBMP has been quashed on the ground that the same is contrary to the principles of natural justice and the matter has been remitted to the Assistant Revenue Officer, BBMP to decide the additional representation submitted by the appellant within two weeks.

(2.) Facts giving rise to filing of this appeal briefly stated are that the appellant is the owner of land bearing Sy.No.106/2 situate at Thirumenahalli Village, Yelahanka Hobli, Bangalore North Taluk. The land bearing Sy.No.108 is adjoining land. The neighbour of the appellant wanted a 40 feet passage to his land, which the appellant provided from his land. In lieu thereof, by a registered exchange deed dtd. 9/7/2014, an area marked with letters EFGH in the map appended to Annexure-E was given to the petitioner. The aforesaid land was a part of the converted land.

(3.) The appellant submitted a representation for change of Khatha. However, the prayer made by the petitioner was not acceded to. The land marked with letters EFGH is a converted land and is within the BBMP limits. Therefore, the appellant submitted an application for change of Khatha. By endorsement dtd. 21/5/2016, the appellant was informed that unless he secures the permission from the Local Planning Authority, the khatha cannot be mutated in his name. The aforesaid endorsement was challenged by him in a writ petition viz., W.P.No.23390/2017, which was disposed of with a direction to raise all contentions before the competent statutory authority.