COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE Vs. MUJEEBA BEGUM

JUDGEMENT

(1.) The lis brought before this Court by the appellant- Bruhat Bengaluru Mahanagara Palike ('BBMP' for short) pertains to a portion of the property which was earlier known as Sy.Nos.16, 18 and 25 of Old Bilekahalli (Blackpalli) Village, which is now known as Thimmaiah Road, Miller Tank Bund Area, which was totally measuring about 13 acres.

(2.) The individual respondents herein who claim to be the owners of certain sites were aggrieved by the inaction of the BBMP in the matter of entering the names of the respondents, who claim title to the sites either by way of sale deeds executed by previous owners or by way of succession to the property through the erstwhile owners. The learned Single Judge has passed individual orders in all the writ petitions that were filed by the respondents herein seeking a direction to the appellant-BBMP to enter their names in the khata register.

(3.) In all these matters, the BBMP had issued endorsements declining to register the khata and therefore the endorsements were also challenged before the learned Single Judges. While allowing the writ petition filed by the respondents, the learned Single Judge observed that the endorsements issued by the BBMP were cryptic, non-speaking order, dehors reasons and therefore, they cannot stand the test of legal scrutiny and hence, were unsustainable. With this observation, the petitions were allowed and the impugned endorsements were quashed and the Corporation was directed to substitute the name of the respondents herein as khatedars of the respective properties in question and issue certificates without prejudice to the claim of title of the Corporation over the properties in question and subject to the Corporation establishing its title in a properly instituted legal proceeding.