SUGUNA Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India, questioning the correctness and legality of the order dtd. 15/12/2017 bearing [xxxxxxxxxxxxx] and consequential change of katha under Annexure-AE dtd. 10/1/2018 and endorsement bearing [xxxxxxxxxxxxxxx] dtd. 6/2/2018 (Annexure-AF) canceling the approved plan in respect of the property bearing No.570/1 situated at Sorahunase village, Madhuranagara Extension, Ward No.149, Bangalore.

(2.) Heard learned counsel Sri.Ramaiah Gowda L.M., for petitioner; learned counsel Sri.Ashwin Halady for respondent Nos.1 to 3 and learned counsel Sri.Omkaresha for respondent No.4. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that the property in question i.e., property bearing No.570/1, measuring 30 ft. x 50 ft. was originally granted to one Smt.Faheema wife of Riyaz under Hakku Patra dtd. 16/5/1982 and in terms of Annexure-A, katha was effected in favour of the said Smt.Faheema. She sold the property to one Narayanappa under registered sale deed dtd. 20/3/2006. In pursuance of transfer of property, katha was transferred in the name of Sri.Narayanappa on 29/3/2012. The said Sri.Narayanappa sold the property in favour of petitioner under registered sale deed dtd. 23/4/2012. In terms of Annexure-M-Katha extract and Annexure-N/Katha certificate was issued in the name of the petitioner by BBMP on 2/6/2012 in respect of the property bearing No.570/1. The petitioner submitted building plan and the same was approved by respondent-BBMP authorities on 16/1/2014. Accordingly, the petitioner constructed a residential building and the petitioner is residing in the residential building constructed on site No.570/1. It is the grievance of the petitioner that respondent No.4 submitted an application to the Commissioner under Annexure-AB dtd. 28/5/2014 as well as in terms of Annexure-AC dtd. 1/8/2016 for review of the order granting katha in favour of the petitioner dtd. 2/6/2012 in respect of the property bearing No.570. The Joint Commissioner of BBMP under impugned order dtd. 15/12/2017 allowed the review petition and directed to register katha in favour of respondent No.4 on the ground that no Hakku Patra was issued in favour of original owner Smt.Faheema and subsequent transfers are illegal.