N. VENKATESH Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) Heard the submissions of the learned counsel appearing for the appellants and the third respondent appearing in person yesterday.

(2.) By this appeal, the appellants who are the writ petitioners have taken an exception to the order dated 3rd June 2019 passed by the learned Single Judge. The writ petition was filed by the present appellants for challenging the order dated 16th February 2019 passed by the first respondent (Joint Commissioner, BBMP). Another prayer was made for issue of a writ of mandamus directing the first and second respondents to restore khatha No.62/1/61/A/10 which was standing in the name of the first appellant.

(3.) A brief reference to the factual aspects will be necessary. According to the case of the appellants, one M.Manchaiah acquired the land in Sy.No.10 measuring 4 acres from Hanumaiah under a registered sale deed. The said land is situated in Pattanagere Village, Kengeri Hobli. It is claimed that the third respondent purchased site No.61 measuring 60 X 40 feet in Sy.No.10 from constituted attorney of the said M. Manchaiah. The khatha of the site No.61/A in Sy.No.10 was issued to M. Manchaiah. His constituted attorney sold the said site No.61/A measuing 40 x 20 feet in Sy.No.10 to the second appellant under a registered sale deed. It is claimed that the third respondent gifted site No.61 in Sy.No.10 to his brother under a registered gift deed. The case of the appellants is that the third respondent tried to encroach upon the property in site No.61/A. The third respondent filed a complaint before the first respondent seeking cancellation of the khatha in respect of site No.61/A and for registering the same in his name. The appellants have referred to the judgment and decree in suit bearing O.S.No.3897/2016 passed by the City Civil Court against the third respondent and his brother.