Smt Vasupradha Chetty vs The Commissioner
2022 Latest Caselaw 306 Kant

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 07TH DAY OF JANUARY, 2022

                       BEFORE

  THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

   WRIT PETITION NO.38390 OF 2013 (LB-BMP)

BETWEEN:

SMT. VASUPRADHA CHETTY,
AGED 29 YEARS,
W/O BIKRAMADITYA PANDA,
RESIDING AT NO.1232,
III FLOOR, 11TH 'A' CROSS,
22ND MAIN, HSR SECTOR-I,
BENGALURU.
                                       ... PETITIONER
(BY SRI D. PRABHAKAR, ADVOCATE)

AND:

  1. THE COMMISSIONER,
     BRUHAT BANGALORE MAHANAGARA PALIKE,
     HUDSON CIRCLE,
     BANGALORE-2.

  2. THE ASSISTANT REVENUE OFFICER,
     SHANTHINAGAR SUB-DIVISION,
     BRUHAT BANGALORE MAHANAGARA PALIKE,
     BANGALORE-27.

  3. SRI. NOORULLA SHARIEFF,
     S/O LATE ABDUL WAHAB,
     AGED ABOUT 64 YEARS.

  4. SRI. NASRULLA SHARIEFF,
     S/O NOORULLA SHARIEFF,
     AGED ABOUT 29 YEARS.
                               2



   5. SRI. MAZHERULA SHARIEFF,
      S/O NOORULLA SHARIEFF,
      AGED ABOUT 38 YEARS.

      RESPONDENTS 3 TO 5 ARE
      RESIDING AT NO.5,
      3RD CROSS, MARKHAM ROAD,
      ASHOKNAGAR,
      BANGALORE-560 005.
                                     ... RESPONDENTS
(BY SRI N.R. JAGADEESWARA, ADVOCATE FOR
R1 & R2; R3-DECEASED; SRI. B.S. SATYANAND
FOR R4 & R5)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE RESPONDENT NO.2
VIDE ANNEXURE-A DATED 05.01.2013; AND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT, DELIVERED THE FOLLOWING:

                          ORDER

This Writ petition is filed by the petitioner challenging

the endorsement dated 05th January, 2013 issued by

respondent No.2-BBMP, rejecting the application submitted

by petitioner for change of Khata in the light of suit pending

in Original Suit No.1469 of 2012.

2. Learned counsel for respondents 1 and 2 submits

that vide order dated 18.11.2017, the said Original Suit

No.1469 of 2012 is decreed in favour of respondents 3 to 5

and the same has attained finality.

3. In view of the judgment and decree passed by the

jurisdictional Civil Court, the Writ petition does not survive

for consideration and is accordingly, dismissed.

Sd/-

JUDGE

ARK