A M MARISWAMY Vs. THE JOINT COMMISSIONER

JUDGEMENT

(1.) The petitioner - Mr. A.M. Mariswamy has filed this writ petition in this Court against the order passed by the Respondent - Joint Commissioner of BBMP, Bommanahalli Zone, Bengaluru under Section 114-A of the Karnataka Municipal Corporations Act, 1976, rejecting the Application of the petitioner for Khata entries in his favour.

(2.) The learned counsel for the petitioner urged before the Court that out of the total grant of land in favour of the petitioner in Sy.No.74 of Agara village, Begur Hobli, Bengaluru South Taluk, measuring in all 11 Acres 30 Guntas way back in the year 1979, the Bangalore Development Authority (BDA) acquired land measuring an extent of 06 Acres and 25 1/2 Guntas in 1989-90, but the remaining land of 04 Acres and 32 Guntas remained with the petitioner and the petitioner approached the Respondent Authorities of the BBMP for recording Khata in his favour.

(3.) However, since it was recorded in favour of the private Respondent - Smt. Kenchamma W/o. Sri. B. Ramanuja and others, the Review Petition under Section 114- A was filed by the petitioner, but the Respondent - Joint Commissioner of BBMP without any material and discussion on the land acquired by the BDA to the extent of 6 Acres 30 1/2 Guntas and without any evidence produced by the private Respondents, held that another land of 01 Acre and 29 1/2 Guntas was acquired by the Government for formation of the 'Rural Housing Scheme' from the remaining land of the petitioner, which was not a fact on record nor any evidence was brought on record by the private Respondents and therefore the impugned order Annexure L dated 19/11/2016 deserves to be set aside.