B. G. VENKATESH Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner is aggrieved of the handed action on the part of the respondent-Officers of the BBMP in demolishing the gate and compound of the schedule property and erecting a Board displaying as if the notice is issued by the Karnataka Appellate Tribunal. The Board contains the authority of the Chief Commissioner, BBMP and the Police Station, Vyalikaval.

(2.) Learned Counsel for the petitioner submits that in a writ petition filed at the hands of the petitioner's grandfather Sri B.C.Pungappa against the Commissioner of the then Corporation of the City of Bangalore, in W.P.No.3775/1983, seeking a direction to the respondent-Corporation to issue khata in respect of the schedule property after collecting betterment charges, this Court by order dtd. 23/3/1983, while issuing Rule, directed the Corporation to make out a khata in respect of the schedule property in the name of the petitioner by collecting the betterment charges. However, when the directions issued by the Court were not complied, the petitioner's father filed a Contempt Petition in CCC No.921/1993. During the course of the contempt proceedings, a submission was made by the learned Counsel appearing for the Corporation that the matter is under process and the representation given by the petitioner's father shall be considered favourably. The undertaking was recorded on 21/1/1994 and the petition was disposed of. Thereafter, the khata was made out in the name of the petitioner's father. Learned Counsel has drawn the attention of this Court to Annexure 'E', which is an endorsement showing the registration of the khata in the name of petitioner's father Sri M.P.Gangappa.

(3.) Learned Counsel submits that in the year 2004 there was a partition in the family and as per the registered partition deed dtd. 20/9/2004 at Annexure 'G', the schedule property fell to the share of the petitioner's father. Thereafter, the petitioner's father executed a registered gift deed dtd. 1/12/2004 in favour of the petitioner.